Filed: May 07, 2001
Latest Update: Mar. 02, 2020
Summary: IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 00-10666 Summary Calendar UNITED STATES OF AMERICA, Plaintiff-Appellee, versus RIGOBERTO RUIZ, Defendant-Appellant. - Appeal from the United States District Court for the Northern District of Texas USDC No. 4:99-CR-147-2-Y - May 4, 2001 Before DAVIS, JONES and DeMOSS, Circuit Judges. PER CURIAM:* Court-appointed counsel representing Rigoberto Ruiz has moved for leave to withdraw and has filed a brief in accordance with Anders v. Cal
Summary: IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 00-10666 Summary Calendar UNITED STATES OF AMERICA, Plaintiff-Appellee, versus RIGOBERTO RUIZ, Defendant-Appellant. - Appeal from the United States District Court for the Northern District of Texas USDC No. 4:99-CR-147-2-Y - May 4, 2001 Before DAVIS, JONES and DeMOSS, Circuit Judges. PER CURIAM:* Court-appointed counsel representing Rigoberto Ruiz has moved for leave to withdraw and has filed a brief in accordance with Anders v. Cali..
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IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 00-10666
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
RIGOBERTO RUIZ,
Defendant-Appellant.
--------------------
Appeal from the United States District Court
for the Northern District of Texas
USDC No. 4:99-CR-147-2-Y
--------------------
May 4, 2001
Before DAVIS, JONES and DeMOSS, Circuit Judges.
PER CURIAM:*
Court-appointed counsel representing Rigoberto Ruiz has
moved for leave to withdraw and has filed a brief in accordance
with Anders v. California,
386 U.S. 738 (1967). Ruiz was
provided with a copy of counsel’s Anders motion and brief. Ruiz
has filed a response challenging the constitutionality of his
stop, search, arrest, detention, interrogation, and cooperation
with the authorities; challenging the sufficiency of the
evidence; alleging misconduct by law enforcement officers and
prosecutors; and alleging that he received ineffective assistance
*
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that this opinion should not be published and is not precedent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.
No. 00-10666
-2-
from his trial counsel. Ruiz asks this court to deny counsel’s
Anders motion and to appoint new appellate counsel or permit him
to proceed pro se.
The record has not been adequately developed for us to
consider Ruiz’s ineffective assistance arguments in this direct
appeal. See United States v. Higdon,
832 F.2d 312, 314 (5th Cir.
1987). With respect to Ruiz’s remaining claims, our independent
review of the record, counsel’s brief, and Ruiz’s response shows
that there are no nonfrivolous issues for appeal. Consequently,
Ruiz’s motion to substitute counsel or, alternatively, for leave
to proceed pro se is DENIED AS MOOT, 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.