Case: 13-50543 Document: 00512515745 Page: 1 Date Filed: 01/29/2014
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 13-50543
Summary Calendar
United States Court of Appeals
Fifth Circuit
FILED
January 29, 2014
UNITED STATES OF AMERICA,
Lyle W. Cayce
Clerk
Plaintiff-Appellee
v.
JUAN ANGEL MARTINEZ-GONZALEZ,
Defendant-Appellant
Appeal from the United States District Court
for the Western District of Texas
USDC No. 6:13-CR-7-1
Before DAVIS, SOUTHWICK, and HIGGINSON, Circuit Judges.
PER CURIAM: *
The attorney appointed to represent Juan Angel Martinez-Gonzalez
(Martinez) 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). Martinez has filed a response. To the extent that
Martinez’s response reflects that he wishes to raise claims of ineffective
assistance of trial counsel, the record is insufficiently developed to allow
* 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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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.
Case: 13-50543 Document: 00512515745 Page: 2 Date Filed: 01/29/2014
No. 13-50543
consideration at this time of Martinez’s claims; such claims generally are not
resolved on direct appeal when they have not been developed in the district
court. See United States v. Cantwell, 470 F.3d 1087, 1091 (5th Cir. 2006). We
have reviewed counsel’s brief and the relevant portions of the record reflected
therein, as well as Martinez’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.
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