United States v. Rosalio Sanchez-Martinez

Case: 13-10842 Document: 00512557077 Page: 1 Date Filed: 03/11/2014 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 13-10842 Summary Calendar United States Court of Appeals Fifth Circuit FILED March 11, 2014 UNITED STATES OF AMERICA, Lyle W. Cayce Clerk Plaintiff-Appellee v. ROSALIO SANCHEZ-MARTINEZ, Defendant-Appellant Appeal from the United States District Court for the Northern District of Texas USDC No. 5:13-CR-23-1 Before KING, DAVIS, and ELROD, Circuit Judges. PER CURIAM: * The Federal Public Defender appointed to represent Rosalio Sanchez- 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). Because Sanchez-Martinez was released from custody and removed from the United States prior to the filing of the motion to withdraw, he has not filed a response. We have reviewed counsel’s brief and * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 13-10842 Document: 00512557077 Page: 2 Date Filed: 03/11/2014 No. 13-10842 the relevant portions of the record reflected therein. We concur with counsel’s assessment that the appeal presents no nonfrivolous issue for appellate review. Accordingly, counsel’s motion for leave to withdraw is GRANTED, counsel is excused from further responsibilities herein, and the APPEAL IS DISMISSED in part as frivolous, see 5TH CIR. R. 42.2, and in part as moot. See United States v. Rosenbaum-Alanis, 483 F.3d 381, 382-83 (5th Cir. 2007). 2