United States v. Rubio

United States Court of Appeals
for the Fifth Circuit

No. 19-20750
Conference Calendar

United States of America,

Plaintiff—Appellee,

versus

Omar Ledezma Rubio, also known as Jose Gonzalez-
Gonzalez,

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opinion should not be published and is not precedent except under the limited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.
United States Court of Appeals
Fifth Circuit
FILED
December 18, 2020

Lyle W. Cayce
Clerk
Case: 19-20750 Document: 00515679597 Page: 1 Date Filed: 12/18/2020

No. 19-20750
2
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.
Case: 19-20750 Document: 00515679597 Page: 2 Date Filed: 12/18/2020