USA, et al v. Ruiz, et al

Filing 920071025


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IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit FILED No. 06-41692 Conference Calendar UNITED STATES OF AMERICA Plaintiff-Appellee v. MIGUEL RUIZ, JR Defendant-Appellant October 25, 2007 Charles R. Fulbruge III Clerk Appeal from the United States District Court for the Southern District of Texas USDC No. 2:05-CR-643-2 Before JOLLY, BENAVIDES, and STEWART, Circuit Judges. PER CURIAM:* The attorney retained to represent Miguel Ruiz, Jr., has moved for leave to withdraw and has filed a brief in accordance with Anders v. California, 386 U.S. 738 (1967). Ruiz has filed a response. The record is insufficiently developed to allow consideration at this time of Ruiz's claim of ineffective assistance of counsel. See United States v. Cantwell, 470 F.3d 1087, 1091 (5th Cir. 2006). Our independent review of the record, counsel's brief, and Ruiz's response discloses no nonfrivolous issue for appeal. Accordingly, counsel's 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. * No. 06-41692 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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