USA v. Marcelino Ruiz, No. 18-10269 (5th Cir. 2019)

 Annotate this Case
Download PDF
Case: 18-10269 Document: 00515235191 Page: 1 Date Filed: 12/13/2019 IN THE UNITED STATES COURT OF APPEALS United States Court of Appeals FOR THE FIFTH CIRCUIT Fifth Circuit FILED No. 18-10269 Conference Calendar December 13, 2019 Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee v. MARCELINO RUIZ, Defendant-Appellant Appeal from the United States District Court for the Northern District of Texas USDC No. 3:17-CR-190-1 Before HAYNES, DUNCAN, and ENGELHARDT, Circuit Judges. PER CURIAM: * The attorney appointed to represent Marcelino Ruiz has moved for leave to withdraw and has filed briefs 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 several responses. The record is not sufficiently developed to allow us to make a fair evaluation of Ruiz’s claims of ineffective assistance of counsel; 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 18-10269 Document: 00515235191 Page: 2 Date Filed: 12/13/2019 No. 18-10269 we therefore decline to consider the claims without prejudice to collateral review. See United States v. Isgar, 739 F.3d 829, 841 (5th Cir. 2014). We have reviewed counsel’s briefs and the relevant portions of the record reflected therein, as well as Ruiz’s responses. We concur with counsel’s assessment that the appeal presents no nonfrivolous issue for appellate review, even if we do not consider the appeal waiver. 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. Ruiz’s motion for appointment of substitute counsel is DENIED. 2

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.