United States v. Jesus Martinez, Jr. , 638 F. App'x 401 ( 2016 )

Case: 15-50126 Document: 00513438273 Page: 1 Date Filed: 03/24/2016
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 15-50126
Summary Calendar
United States Court of Appeals
Fifth Circuit
FILED
March 24, 2016
UNITED STATES OF AMERICA,
Lyle W. Cayce
Clerk
Plaintiff-Appellee
v.
JESUS MARTINEZ, JR., also known as Luis J. Martinez, also known as
Chueyto, also known as Casper Martinez-Arredando, also known as Luis
Martinez-Arredando,
Defendant-Appellant
Appeal from the United States District Court
for the Western District of Texas
USDC No. 3:07-CR-553-4
Before HIGGINBOTHAM, ELROD, and SOUTHWICK, Circuit Judges.
PER CURIAM: *
The attorney appointed to represent Jesus Martinez, Jr., 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 and a motion to proceed pro se, which is denied.
The record is not sufficiently developed to allow us to make a fair evaluation 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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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: 15-50126 Document: 00513438273 Page: 2 Date Filed: 03/24/2016
No. 15-50126
Martinez’s claims of ineffective assistance of 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 response. We concur with counsel’s
assessment that the appeal presents no nonfrivolous issue for appellate review.
Accordingly, the motion for leave to proceed pro se is DENIED, the motion to
withdraw is GRANTED, counsel is excused from further responsibilities
herein, and the APPEAL IS DISMISSED. See 5TH CIR. R. 42.2.
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