United States v. Hurtado-Cruz

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT

No. 19-10752
Conference Calendar

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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5
TH
CIR. R. 47.5.4.
United States Court of Appeals
Fifth Circuit
FILED
March 2, 2020

Lyle W. Cayce
Clerk
Case: 19-10752 Document: 00515327454 Page: 1 Date Filed: 03/02/2020

No. 19-10752
2
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 5
TH CIR. R. 42.2.
Case: 19-10752 Document: 00515327454 Page: 2 Date Filed: 03/02/2020