United States v. Roberto Cena-Martinez

Case: 17-10687 Document: 00514353585 Page: 1 Date Filed: 02/20/2018 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 17-10687 Conference Calendar United States Court of Appeals Fifth Circuit FILED February 20, 2018 UNITED STATES OF AMERICA, Lyle W. Cayce Clerk Plaintiff-Appellee v. ROBERTO CENA-MARTINEZ, Defendant-Appellant Appeal from the United States District Court for the Northern District of Texas USDC No. 3:16-CR-399-1 Before REAVLEY, CLEMENT, and HO, Circuit Judges. PER CURIAM: * The Federal Public Defender appointed to represent Roberto Cena- 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). Cena-Martinez has not filed a response. Although Cena-Martinez remains subject to a term of supervised release, he has completed the term of imprisonment. 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 17-10687 Document: 00514353585 Page: 2 Date Filed: 02/20/2018 No. 17-10687 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. Heredia-Holguin, 823 F.3d 337, 340 (5th Cir. 2016) (en banc). 2