United States v. Eulogio Martinez-Arellano

Case: 16-40319 Document: 00513685731 Page: 1 Date Filed: 09/20/2016 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals No. 16-40319 Fifth Circuit FILED Summary Calendar September 20, 2016 Lyle W. Cayce UNITED STATES OF AMERICA, Clerk Plaintiff-Appellee v. EULOGIO MARTINEZ-ARELLANO, Defendant-Appellant Appeal from the United States District Court for the Southern District of Texas USDC No. 1:15-CR-896-1 Before REAVLEY, OWEN, and ELROD, Circuit Judges. PER CURIAM: * The Federal Public Defender appointed to represent Eulogio Martinez- Arellano 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-Arellano has filed a response. We have reviewed counsel’s brief and the relevant portions of the record reflected therein, as well as Martinez-Arellano’s response. We concur with counsel’s * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 16-40319 Document: 00513685731 Page: 2 Date Filed: 09/20/2016 No. 16-40319 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. See 5TH CIR. R. 42.2. 2