United States v. Omar Rubio

Case: 19-20750 Document: 00515679597 Page: 1 Date Filed: 12/18/2020

United States Court of Appeals for the Fifth Circuit

United States Court of Appeals Fifth Circuit FILED

December 18, 2020 No. 19-20750 Lyle W. Cayce Conference Calendar Clerk

United States of America,

Plaintiff—Appellee, versus

Omar Ledezma Rubio, also known as Jose Gonzalez-

Gonzalez,

Defendant—Appellant.

Appeal from the United States District Court for the Southern District of Texas USDC No. 4:18-CR-69-1

Before Dennis, Costa, and Engelhardt, Circuit Judges.

Per Curiam:*

The attorney appointed to represent Omar Ledezma Rubio 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 Case: 19-20750 Document: 00515679597 Page: 2 Date Filed: 12/18/2020

No. 19-20750

Cir. 2011). Ledezma Rubio has filed a response and an incorporated motion to appoint new counsel, which is DENIED. See United States v. Wagner, 158 F.3d 901, 902-03 (5th Cir. 1998). The record is not sufficiently developed to allow us to make a fair evaluation of Ledezma Rubio’s claims of ineffective assistance of counsel; we therefore 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 Ledezma Rubio’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.