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United States v. Ruben Perez, 18-20346 (2019)

Court: Court of Appeals for the Fifth Circuit Number: 18-20346 Visitors: 11
Filed: Jun. 21, 2019
Latest Update: Mar. 03, 2020
Summary: 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: * T
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     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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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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Source:  CourtListener

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