United States v. Martinez-Cortez

United States Court of Appeals Fifth Circuit F I L E D IN THE UNITED STATES COURT OF APPEALS September 6, 2007 FOR THE FIFTH CIRCUIT Charles R. Fulbruge III Clerk No. 06-50338 Conference Calendar UNITED STATES OF AMERICA Plaintiff-Appellee v. ISSAC MARTINEZ-CORTEZ, also known as Rigoberto Montanyo-Cortez Defendant-Appellant Appeal from the United States District Court for the Western District of Texas USDC No. 3:05-CR-1918 Before DeMOSS, DENNIS, and OWEN, Circuit Judges. PER CURIAM:* Court-appointed counsel for Issac Martinez-Cortez (Martinez) has moved for leave to withdraw and has filed a brief in accordance with Anders v. California, 386 U.S. 738 (1967). Martinez has been deported and has not filed a response to counsel’s motion. Our independent review of the record and counsel’s brief discloses no nonfrivolous issue for appeal. Accordingly, counsel’s motion for leave to withdraw is GRANTED, counsel is excused from further * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. No. 06-50338 responsibilities herein, and the APPEAL IS DISMISSED in part as frivolous, see 5TH CIR. R. 42.2, and in part as moot. 2