USA v. Gerardo Martinez-Zavala


UNPUBLISHED OPINION FILED. [10-20870 Dismissed as Frivolous] Judge: FPB , Judge: CES , Judge: EBC Mandate pull date is 12/21/2011 for Appellant Gerardo Martinez-Zavala; granting motion to withdraw as counsel filed by Ms. Margaret Christina Ling [6840848-2] [10-20870]

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Case: 10-20870 Document: 00511680905 Page: 1 Date Filed: 11/30/2011 IN THE UNITED STATES COURT OF APPEALS United States Court of Appeals FOR THE FIFTH CIRCUIT Fifth Circuit FILED No. 10-20870 Summary Calendar November 30, 2011 Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee v. GERARDO MARTINEZ-ZAVALA, Defendant-Appellant Appeal from the United States District Court for the Southern District of Texas USDC No. 4:00-CR-491-1 Before BENAVIDES, STEWART, and CLEMENT, Circuit Judges. PER CURIAM:* The Federal Public Defender appointed to represent Gerardo MartinezZavala 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-Zavala has not filed a response. We have reviewed counsel’s brief and the relevant portions of the record reflected therein. We concur with counsel’s assessment that the appeal presents no nonfrivolous issue for appellate review. Accordingly, counsel’s motion for leave to withdraw * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 10-20870 Document: 00511680905 Page: 2 Date Filed: 11/30/2011 No. 10-20870 is GRANTED, counsel is excused from further responsibilities herein, and the APPEAL IS DISMISSED. See 5TH CIR. R. 42.2. 2

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