USA v. Elmer Martinez-Lopez

Filing

UNPUBLISHED OPINION FILED. [11-40057 Dismissed as Frivolous] Judge: CDK , Judge: CH , Judge: JEG Mandate pull date is 01/09/2012 for Appellant Elmer Edgardo Martinez-Lopez; denying motion to appoint counsel filed by Appellant Mr. Elmer Edgardo Martinez-Lopez [6809735-3]; granting motion to withdraw as counsel filed by Mr. Eric Joseph Davis [6798452-2] [11-40057]

Case: 11-40057

Document: 00511699411

Page: 1

Date Filed: 12/19/2011

IN THE UNITED STATES COURT OF APPEALS
United States Court of Appeals
FOR THE FIFTH CIRCUIT
Fifth Circuit

FILED
No. 11-40057
Conference Calendar

December 19, 2011
Lyle W. Cayce
Clerk

UNITED STATES OF AMERICA,
Plaintiff-Appellee
v.
ELMER EDGARDO MARTINEZ-LOPEZ,
Defendant-Appellant

Appeal from the United States District Court
for the Southern District of Texas
USDC No. 1:10-CR-1089-1

Before KING, HAYNES, and GRAVES, Circuit Judges.
PER CURIAM:*
The attorney appointed to represent Elmer Edgardo Martinez-Lopez
moved for leave to withdraw and filed a supplemental 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-Lopez has filed a response and moved for

appointment of new counsel. We have reviewed counsel’s brief and the relevant
portions of the record reflected therein, as well as Martinez-Lopez’s response.
We concur with counsel’s assessment that the appeal presents no nonfrivolous
*

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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 11-40057

Document: 00511699411

Page: 2

Date Filed: 12/19/2011

No. 11-40057
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-Lopez’s motion for
appointment of new counsel is DENIED.

2