United States v. Martinez ( 2023 )

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
_____________________
*
This opinion is not designated for publication. See 5th Cir. R. 47.5.
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.
2