Case: 16-40580 Document: 00513776336 Page: 1 Date Filed: 11/29/2016
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
United States Court of Appeals
Fifth Circuit
No. 16-40580 FILED
Summary Calendar November 29, 2016
Lyle W. Cayce
Clerk
UNITED STATES OF AMERICA,
Plaintiff-Appellee
v.
HUMBERTO MARTINEZ-LOPEZ,
Defendant-Appellant
Appeal from the United States District Court
for the Southern District of Texas
USDC No. 1:15-CR-595-1
Before REAVLEY, OWEN, and ELROD, Circuit Judges.
PER CURIAM: *
The Federal Public Defender appointed to represent Humberto
Martinez-Lopez 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-Lopez has filed a response.
The record is not sufficiently developed to allow us to make a fair evaluation of
Martinez-Lopez’s claim of ineffective assistance of counsel; we therefore
* 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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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: 16-40580 Document: 00513776336 Page: 2 Date Filed: 11/29/2016
No. 16-40580
decline to consider the claim without prejudice to collateral review. See United
States v. Isgar, 739 F.3d 829, 841 (5th Cir. 2014). Martinez-Lopez’s motion for
the appointment of new counsel is DENIED. See United States v. Wagner, 158
F.3d 901, 902-03 (5th Cir. 1998).
We have reviewed counsel’s brief and the relevant portions of the record
reflected therein, as well as Martinez-Lopez’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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