Filed: Mar. 02, 2020
Latest Update: Mar. 02, 2020
Summary: Case: 19-10752 Document: 00515327454 Page: 1 Date Filed: 03/02/2020 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit FILED No. 19-10752 March 2, 2020 Conference Calendar Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee v. ENCARNACION HURTADO-CRUZ, also known as “Pancho,” Defendant-Appellant Appeal from the United States District Court for the Northern District of Texas USDC No. 4:17-CR-194-2 Before JONES, HIGGINSON, and WILL
Summary: Case: 19-10752 Document: 00515327454 Page: 1 Date Filed: 03/02/2020 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit FILED No. 19-10752 March 2, 2020 Conference Calendar Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee v. ENCARNACION HURTADO-CRUZ, also known as “Pancho,” Defendant-Appellant Appeal from the United States District Court for the Northern District of Texas USDC No. 4:17-CR-194-2 Before JONES, HIGGINSON, and WILLE..
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Case: 19-10752 Document: 00515327454 Page: 1 Date Filed: 03/02/2020
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
United States Court of Appeals
Fifth Circuit
FILED
No. 19-10752 March 2, 2020
Conference Calendar
Lyle W. Cayce
Clerk
UNITED STATES OF AMERICA,
Plaintiff-Appellee
v.
ENCARNACION HURTADO-CRUZ, also known as “Pancho,”
Defendant-Appellant
Appeal from the United States District Court
for the Northern District of Texas
USDC No. 4:17-CR-194-2
Before JONES, HIGGINSON, and WILLETT, Circuit Judges.
PER CURIAM: *
The attorney appointed to represent Encarnacion Hurtado-Cruz 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). Hurtado-Cruz has filed a response. The record is not sufficiently
developed to allow us to make a fair evaluation of Hurtado-Cruz’s claims of
ineffective assistance of counsel; we therefore decline to consider the claims
* 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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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: 19-10752 Document: 00515327454 Page: 2 Date Filed: 03/02/2020
No. 19-10752
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 Hurtado-Cruz’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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