United States v. Gilbert Martinez ( 2019 )

Case: 18-11470 Document: 00515209394 Page: 1 Date Filed: 11/21/2019
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
United States Court of Appeals
Fifth Circuit
FILED
No. 18-11470 November 21, 2019
Conference Calendar
Lyle W. Cayce
Clerk
UNITED STATES OF AMERICA,
Plaintiff-Appellee
v.
GILBERT MARTINEZ, also known as Chuco,
Defendant-Appellant
Appeal from the United States District Court
for the Northern District of Texas
USDC No. 6:18-CR-22-1
Before STEWART, DENNIS, and HO, Circuit Judges.
PER CURIAM: *
The attorney appointed to represent Gilbert 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 responses. The record is not sufficiently developed to allow
us to make a fair evaluation of Martinez’s claims of ineffective assistance of
* 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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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: 18-11470 Document: 00515209394 Page: 2 Date Filed: 11/21/2019
No. 18-11470
counsel; we therefore decline to consider the claims without prejudice to
collateral review. See United States v. Isgar, 739 F.3d 829, 841 (5th Cir. 2014).
We have reviewed counsel’s brief and the relevant portions of the record
reflected therein, as well as Martinez’s responses. 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 to appoint new counsel is DENIED.
See United States v. Wagner, 158 F.3d 901, 902-03 (5th Cir. 1998).
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