United States v. Martinez

Case: 20-40168 Document: 00515899859 Page: 1 Date Filed: 06/15/2021 United States Court of Appeals for the Fifth Circuit United States Court of Appeals Fifth Circuit FILED June 15, 2021 No. 20-40168 Lyle W. Cayce Conference Calendar Clerk United States of America, Plaintiff—Appellee, versus Rafael Martinez, Jr., Defendant—Appellant. Appeal from the United States District Court for the Southern District of Texas USDC No. 7:19-CR-158-1 Before Davis, Elrod, and Oldham, Circuit Judges. Per Curiam:* The Federal Public Defender appointed to represent Rafael Martinez, Jr., 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 not filed a response. We have reviewed * Pursuant to 5th Circuit Rule 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Circuit Rule 47.5.4. Case: 20-40168 Document: 00515899859 Page: 2 Date Filed: 06/15/2021 No. 20-40168 counsel’s brief and 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. See 5th Cir. R. 42.2. 2