U.S. Court of Appeals for the Fifth Circuit, 2020

United States v. Rudy Gonzalez-Santos

United States v. Rudy Gonzalez-Santos
U.S. Court of Appeals for the Fifth Circuit · Decided June 1, 2020

United States v. Rudy Gonzalez-Santos

Opinion

Case: 19-41001 Document: 00515435133 Page: 1 Date Filed: 06/01/2020

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit FILED No. 19-41001 June 1, 2020 Conference Calendar Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee v. RUDY ALBERTO GONZALEZ-SANTOS, Defendant-Appellant

Appeal from the United States District Court for the Southern District of Texas USDC No. 2:19-CR-1971-1

Before DAVIS, SMITH, and SOUTHWICK, Circuit Judges.

PER CURIAM: * The Federal Public Defender appointed to represent Rudy Alberto Gonzalez-Santos 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). Gonzalez-Santos has filed a response.

The record is not sufficiently developed to allow us to make a fair evaluation of Gonzalez-Santos’s claim of ineffective assistance of counsel; we therefore

* 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 19-41001 Document: 00515435133 Page: 2 Date Filed: 06/01/2020

No. 19-41001 decline to consider the claim without 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 Gonzalez-Santos’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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