U.S. Court of Appeals for the Fifth Circuit, 2019

United States v. Ruben Perez

United States v. Ruben Perez
U.S. Court of Appeals for the Fifth Circuit · Decided June 21, 2019

United States v. Ruben Perez

Opinion

Case: 18-20346 Document: 00515006393 Page: 1 Date Filed: 06/21/2019

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit No. 18-20346 FILED Conference Calendar June 21, 2019 Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee v. RUBEN GARZA PEREZ, Defendant-Appellant

Appeal from the United States District Court for the Southern District of Texas USDC No. 4:10-CR-494-3

Before KING, ELROD, and WILLETT, Circuit Judges.

PER CURIAM: * The attorney appointed to represent Ruben Garza Perez has moved for leave to withdraw and has filed a brief in accordance with Anders v. California, 386 U.S. 738 (1967), and United States v. Flores, 632 F.3d 229 (5th Cir. 2011).

Garza Perez has filed a response. The record is not sufficiently developed to allow us to make a fair evaluation of Garza Perez’s claims of ineffective assistance of counsel; we therefore decline to consider the claims without

* Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR. R. 47.5.4.

Case: 18-20346 Document: 00515006393 Page: 2 Date Filed: 06/21/2019

No. 18-20346 prejudice to collateral review. See United States v. Isgar, 739 F.3d 829, 841 (5th Cir. 2014).

We have reviewed counsel’s brief and the relevant portions of the record reflected therein, as well as Garza Perez’s response. We concur with counsel’s assessment that the appeal presents no nonfrivolous issue for appellate review.

Accordingly, the motion for leave to withdraw is GRANTED, counsel is excused from further responsibilities herein, and the APPEAL IS DISMISSED. See 5TH CIR. R. 42.2.

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