USA v. Elmer Martinez-Lopez


UNPUBLISHED OPINION FILED.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]

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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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

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