USA v. Omar Rubio, No. 19-20750 (5th Cir. 2020)

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Case: 19-20750 Document: 00515679597 Page: 1 Date Filed: 12/18/2020 United States Court of Appeals for the Fifth Circuit FILED United States Court of Appeals Fifth Circuit December 18, 2020 No. 19-20750 Conference Calendar Lyle W. Cayce Clerk United States of America, Plaintiff—Appellee, versus Omar Ledezma Rubio, also known as Jose GonzalezGonzalez, Defendant—Appellant. Appeal from the United States District Court for the Southern District of Texas USDC No. 4:18-CR-69-1 Before Dennis, Costa, and Engelhardt, Circuit Judges. Per Curiam:* The attorney appointed to represent Omar Ledezma Rubio 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v. Flores, 632 F.3d 229 (5th * Pursuant to 5th Circuit Rule 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Circuit Rule 47.5.4. Case: 19-20750 Document: 00515679597 Page: 2 Date Filed: 12/18/2020 No. 19-20750 Cir. 2011). Ledezma Rubio has filed a response and an incorporated motion to appoint new counsel, which is DENIED. See United States v. Wagner, 158 F.3d 901, 902-03 (5th Cir. 1998). The record is not sufficiently developed to allow us to make a fair evaluation of Ledezma Rubio’s claims of ineffective assistance of counsel; we therefore 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 Ledezma Rubio’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. 2

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