Filed: Jun. 01, 2020
Latest Update: Jun. 01, 2020
Summary: 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. P
Summary: 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. PE..
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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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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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