USA v. Jose Martinez
UNPUBLISHED OPINION FILED. [11-41168 Dismissed as Frivolous] Judge: JES , Judge: JWE , Judge: LHS Mandate pull date is 09/11/2012 for Appellant Jose Refugio Martinez; granting motion to withdraw as counsel filed by Mr. Robert Gerard Arrambide, Esq. [7018481-2] [11-41168]
Date Filed: 08/21/2012
IN THE UNITED STATES COURT OF APPEALS
United States Court of Appeals
FOR THE FIFTH CIRCUIT
August 21, 2012
Lyle W. Cayce
UNITED STATES OF AMERICA,
JOSE REFUGIO MARTINEZ, also known as Jose Delrefugio,
Appeal from the United States District Court
for the Eastern District of Texas
USDC No. 4:10-CR-17-1
Before SMITH, ELROD, and SOUTHWICK, Circuit Judges.
The Federal Public Defender appointed to represent Jose Refugio 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 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 is GRANTED,
counsel is excused from further responsibilities herein, and the APPEAL IS
DISMISSED. See 5TH CIR. R. 42.2.
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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH CIR.
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