Case: 13-40304 Document: 00512473209 Page: 1 Date Filed: 12/17/2013

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

FILED December 17, 2013 No. 13-40304 Conference Calendar Lyle W. Cayce Clerk

UNITED STATES OF AMERICA,

Plaintiff-Appellee

v.

RIGOBERTO MARTINEZ-HERNANDEZ,

Defendant-Appellant

Appeal from the United States District Court for the Southern District of Texas USDC No. 5:12-CR-578-1

Before DAVIS, DENNIS, and CLEMENT, Circuit Judges. PER CURIAM:* The Federal Public Defender appointed to represent Rigoberto Martinez- Hernandez has moved for leave to withdraw and has filed a brief in accordance with Anders v. California,

(1967), and United States v. Flores,

(5th Cir. 2011). Martinez-Hernandez has not filed a response. We have reviewed 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

* 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 13-40304 Document: 00512473209 Page: 2 Date Filed: 12/17/2013

No. 13-40304

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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