United States v. Lopez Martinez

Case: 23-40179 Document: 73-1 Page: 1 Date Filed: 02/27/2024

United States Court of Appeals for the Fifth Circuit ____________

United States Court of Appeals Fifth Circuit No. 23-40179 FILED Summary Calendar February 27, 2024 ____________ Lyle W. Cayce Clerk United States of America,

Plaintiff—Appellee, versus

Hector David Lopez Martinez,

Defendant—Appellant. ______________________________

Appeal from the United States District Court for the Eastern District of Texas USDC No. 4:19-CR-323-1 ______________________________

Before Smith, Higginson, and Engelhardt, Circuit Judges.

Per Curiam: *

The attorney appointed to represent Hector David Lopez 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). Lopez Martinez has filed a response. We have reviewed counsel’s brief and the relevant portions of the record reflected therein, as Case: 23-40179 Document: 73-1 Page: 2 Date Filed: 02/27/2024

No. 23-40179 well as Lopez Martinez’s response, which we directed counsel to have translated into English. See United States v. Moreno-Torres, 768 F.3d 439, 441 n.2 (5th Cir. 2014).

It is dispositive that the Government has declined to waive the untimeliness of the appeal. See United States v. Pesina-Rodriguez, 825 F.3d 787, 788 (5th Cir. 2016) (per curiam). Accordingly, without prejudice to a future 28 U.S.C. § 2255 motion that Lopez Martinez may file, 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.