United States v. Humberto Martinez-Elizalde

Case: 10-10622 Document: 00511379876 Page: 1 Date Filed: 02/11/2011 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit FILED February 11, 2011 No. 10-10622 Summary Calendar Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee v. HUMBERTO MARTINEZ-ELIZALDE, Defendant-Appellant Appeal from the United States District Court for the Northern District of Texas USDC No. 1:10-CR-14-1 Before WIENER, PRADO and OWEN, Circuit Judges. PER CURIAM:* The Federal Public Defender appointed to represent Humberto Martinez- Elizalde (Martinez) has moved for leave to withdraw and has filed a brief in accordance with Anders v. California, 386 U.S. 738 (1967). Martinez has not filed a response. Our independent review of the record and counsel’s brief discloses no nonfrivolous issue for appeal. Accordingly, counsel’s motion for leave to withdraw is GRANTED, counsel is excused from further 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR .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.