Case: 11-40461 Document: 00512108303 Page: 1 Date Filed: 01/10/2013

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit

FILED January 10, 2013 No. 11-40461 Summary Calendar Lyle W. Cayce Clerk

UNITED STATES OF AMERICA,

Plaintiff-Appellee

v.

JOSE ANGEL MARTINEZ,

Defendant-Appellant

Appeal from the United States District Court for the Southern District of Texas USDC No. 2:10-CR-1158-2

Before SMITH, PRADO, and HIGGINSON, Circuit Judges. PER CURIAM:* The attorney appointed to represent Jose Angel Martinez has moved for leave to withdraw and has filed briefs in accordance with Anders v. California,

(1967), and United States v. Flores,

(5th Cir. 2011). Martinez has not filed a response. We have reviewed counsel’s briefs 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.

* 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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.