United States v. Martinez

Case: 25-50546 Document: 63-1 Page: 1 Date Filed: 07/08/2026

United States Court of Appeals for the Fifth Circuit ____________ United States Court of Appeals Fifth Circuit No. 25-50546 Summary Calendar FILED ____________ July 8, 2026 Lyle W. Cayce United States of America, Clerk Plaintiff—Appellee, versus Mark Martinez, Defendant—Appellant. ______________________________ Appeal from the United States District Court for the Western District of Texas USDC No. 3:23-CR-605-1 ______________________________ Before Haynes, Graves, and Ramirez, Circuit Judges.

Per Curiam: * Mark Martinez pleaded guilty to numerous charges involving the sexual abuse of a child; the receipt, distribution, and possession of child pornography; and sex offender notification offenses. He subsequently filed a motion to withdraw his guilty plea, which the district court denied without a hearing. Martinez appeals that denial.

Case: 25-50546 Document: 63-1 Page: 2 Date Filed: 07/08/2026

No. 25-50546

We review a district court’s denial of a defendant’s motion to withdraw a guilty plea for an abuse of discretion. United States v. Lord, 915 F.3d 1009, 1013-14 (5th Cir. 2019). Our review of the record, Martinez’s arguments, and the district court’s consideration of the factors in United States v. Carr, 740 F.2d 339, 343-44 (5th Cir. 1984), establishes that the district court did not abuse its discretion in denying Martinez’s motion. See Lord, 915 F.3d at 1013-14. Furthermore, the court did not abuse its discretion in doing so without an evidentiary hearing. See United States v. Harrison, 777 F.3d 227, 234 (5th Cir. 2015); United States v. Powell, 354 F.3d 362, 370 (5th Cir. 2003).

AFFIRMED.