USA v. Encarnacion Hurtado-Cruz, No. 19-10752 (5th Cir. 2020)

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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 No. 19-10752 Conference Calendar FILED March 2, 2020 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. 2

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