USA v. Anabel Ruiz

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USA v. Anabel Ruiz

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Case: 09-50198

Document: 00511174691

Page: 1

Date Filed: 07/15/2010

IN THE UNITED STATES COURT OF APPEALS United States Court of Appeals FOR THE FIFTH CIRCUIT Fifth Circuit FILED
N o . 09-50198 S u m m a r y Calendar July 15, 2010 Lyle W. Cayce Clerk

U N IT E D STATES OF AMERICA, P la in t if f -A p p e lle e v. A N A B E L GONZALES RUIZ, D e fe n d a n t -A p p e lla n t

A p p e a l from the United States District Court fo r the Western District of Texas U S D C No. 7:06-CR-125-1

B e fo r e JONES, Chief Judge, and DAVIS and PRADO, Circuit Judges. P E R CURIAM:* A n a b e l Gonzales Ruiz, now federal prisoner # 85657-008, has appealed her c o n v i c t i o n of conspiracy to distribute and possess with intent to distribute 50 g r a m s or more of methamphetamine and/or 500 grams or more of a mixture c o n t a in in g methamphetamine and her statutory minimum 120-month term of im p r is o n m e n t . Ruiz contends that the district court erred in accepting her guilty p le a because she did not understand the consequences of entering into her plea a g r e e m e n t due to ineffective assistance of counsel, and that the district court
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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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.
*

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Case: 09-50198

Document: 00511174691 Page: 2 No. 09-50198

Date Filed: 07/15/2010

e r r e d in sentencing her to the statutory minimum sentence due to ineffective a s s is t a n c e of counsel. The record is insufficiently developed to allow

c o n s id e r a t io n at this time of Ruiz's claims of ineffective assistance of counsel. See United States v. Cantwell, 470 F.3d 1087, 1091 (5th Cir. 2006). Ruiz's plea agreement provides: T h e Defendant waives the right to appeal any aspect of the c o n v i c t io n and sentence, and waives the right to seek collateral relief in post conviction proceedings, including proceedings under 28 U .S .C . § 2255. This waiver does not apply to ineffective assistance o f counsel or prosecutorial misconduct of constitutional dimension o f which the Defendant did not have knowledge at the time of s e n te n c in g . W e decline to consider at this juncture whether the appeal waiver is enforceable a n d whether the waiver precludes consideration of Ruiz's ineffective assistance c la im s because those claims were known to Ruiz at the time of sentencing. The ju d g m e n t is AFFIRMED.

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