United States v. Rodriguez De La Cruz

Case: 25-50245 Document: 104-1 Page: 1 Date Filed: 07/23/2026

United States Court of Appeals for the Fifth Circuit ____________

United States Court of Appeals Fifth Circuit No. 25-50245

Summary Calendar FILED ____________ July 23, 2026 Lyle W. Cayce United States of America, Clerk Plaintiff—Appellee, versus

Jesus Rodriguez De La Cruz,

Defendant—Appellant. ______________________________

Appeal from the United States District Court for the Western District of Texas USDC No. 3:23-CR-2507-1 ______________________________

Before Wiener, Stewart, and Richman, Circuit Judges.

Per Curiam: *

The attorney appointed to represent Jesus Rodriguez De La Cruz has moved for leave to withdraw and has filed briefs in accordance with Anders v. California, 386 U.S. 738 (1967), and United States v. Flores, 632 F.3d 229 (5th Cir. 2011). Rodriguez De La Cruz has filed responses. The record is not sufficiently developed for us to consider Rodriguez De La Cruz’s claims of Case: 25-50245 Document: 104-1 Page: 2 Date Filed: 07/23/2026

No. 25-50245 ineffective assistance of counsel and prosecutorial misconduct; we therefore decline to consider the claims without prejudice to collateral review. See United States v. Isgar, 739 F.3d 829, 841 (5th Cir. 2014); United States v. Corbett, 742 F.2d 173, 176-78 (5th Cir. 1984).

We have reviewed counsel’s briefs and the relevant portions of the record reflected therein, as well as Rodriguez De La Cruz’s responses. We concur with counsel’s assessment that the appeal presents no nonfrivolous issue for appellate review. Accordingly, counsel’s 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. Rodriguez De La Cruz’s motion for appointment of substitute counsel is DENIED. See United States v. Wagner, 158 F.3d 901, 902-03 (5th Cir. 1998). All other pending motions are DENIED.