United States v. Juan Martinez-Gonzalez

U.S. Court of Appeals for the Fifth Circuit
United States v. Juan Martinez-Gonzalez, 553 F. App'x 420 (5th Cir. 2014)
Davis, Higginson, Per Curiam, Southwick

United States v. Juan Martinez-Gonzalez

Opinion

PER CURIAM: *

The attorney appointed to represent Juan Angel Martinez-Gonzalez (Martinez) has moved for leave to withdraw and has filed a brief in accordance with Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), and United States v. Flores, 632 F.3d 229 (5th Cir. 2011). Martinez has filed a response. To the extent that Martinez’s response reflects that he wishes to raise claims of ineffective assistance of trial counsel, the record is insufficiently developed to allow consideration at this time of Martinez’s claims; such claims generally are not resolved on direct appeal when they have not been developed in the district court. See United States v. Cantwell, 470 F.3d 1087, 1091 (5th Cir. 2006). We have reviewed counsel’s brief and the relevant portions of the record reflected therein, as well as Martinez’s response. We concur with counsel’s assessment that the appeal presents no nonfrivolous issue for appellate review. Accordingly, the 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Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.

Reference

Full Case Name
UNITED STATES of America, Plaintiff-Appellee v. Juan Angel MARTINEZ-GONZALEZ, Defendant-Appellant
Status
Unpublished