United States v. Martinez

Case: 23-10097 Document: 00516878320 Page: 1 Date Filed: 08/30/2023

United States Court of Appeals for the Fifth Circuit ____________

United States Court of Appeals Fifth Circuit No. 23-10097

Summary Calendar FILED ____________ August 30, 2023 Lyle W. Cayce United States of America, Clerk Plaintiff—Appellee, versus

Eric Martinez,

Defendant—Appellant. ______________________________

Appeal from the United States District Court for the Northern District of Texas USDC No. 1:22-CR-40-1 ______________________________

Before Elrod, Oldham, and Wilson, Circuit Judges.

Per Curiam: *

The attorney appointed to represent Eric Martinez 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 filed a response. We have reviewed counsel’s brief and the relevant portions of the record reflected therein, as well as Martinez’s Case: 23-10097 Document: 00516878320 Page: 2 Date Filed: 08/30/2023

No. 23-10097 response. 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. Martinez’s motion for the appointment of substitute counsel is DENIED.