United States v. Carlos Martinez-Tello

Case: 10-40425 Document: 00511356427 Page: 1 Date Filed: 01/20/2011 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit FILED January 20, 2011 No. 10-40425 Summary Calendar Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee, versus CARLOS MARTINEZ-TELLO, Defendant-Appellant. Appeal from the United States District Court for the Southern District of Texas USDC No. 1:08-CR-1248-2 Before DAVIS, SMITH, and SOUTHWICK, Circuit Judges. PER CURIAM:* The attorney appointed to represent Carlos Martinez-Tello has moved for leave to withdraw and has filed a brief in accordance with Anders v. California, 386 U.S. 738 (1967). Martinez-Tello has not filed a response. Our independent review of the record and counsel’s brief discloses no nonfrivolous issue for appeal. Accordingly, the motion to withdraw is GRANTED, counsel is excused from fur- ther responsibilities herein, and the appeal is DISMISSED. See 5 TH C IR. R. 42.2. * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR .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.