USA v. Hector Ruiz, No. 10-40916 (5th Cir. 2011)
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Case: 10-40916 Document: 00511510827 Page: 1 Date Filed: 06/16/2011 IN THE UNITED STATES COURT OF APPEALS United States Court of Appeals FOR THE FIFTH CIRCUIT Fifth Circuit FILED No. 10-40916 Summary Calendar June 16, 2011 Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee v. HECTOR RUIZ, also known as Hector Ruiz-Perez, Defendant-Appellant Appeal from the United States District Court for the Southern District of Texas USDC No. 5:10-CR-1167-1 Before REAVLEY, DENNIS, and CLEMENT, Circuit Judges. PER CURIAM:* The Federal Public Defender appointed to represent Hector Ruiz 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). Ruiz has filed a response. We have reviewed counsel s brief and the relevant portions of the record reflected therein, as well as Ruiz s response. We concur with counsel s assessment that the appeal presents no nonfrivolous issue for appellate review. Ruiz s pro se response arguing that counsel was ineffective * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR .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: 10-40916 Document: 00511510827 Page: 2 Date Filed: 06/16/2011 No. 10-40916 for not demonstrating the invalidity of a prior conviction does not present a nonfrivolous issue. Accordingly, the motion for leave to withdraw is GRANTED, counsel is excused from further responsibilities herein, and the APPEAL IS DISMISSED. See 5 TH C IR. R. 42.2. 2
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