USA v. Jose Cruz-Martinez


UNPUBLISHED OPINION FILED. [16-10506 Dismissed as Frivolous] Judge: CDK , Judge: JLD , Judge: GJC Mandate pull date is 02/06/2017 for Appellant Jose Cruz-Martinez; granting motion to withdraw as counsel filed by Mr. Jerry Van Beard, Esq. [8298552-2] [16-10506]

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Case: 16-10506 Document: 00513836382 Page: 1 Date Filed: 01/16/2017 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 16-10506 Summary Calendar United States Court of Appeals Fifth Circuit FILED January 16, 2017 Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee v. JOSE CRUZ-MARTINEZ, Defendant-Appellant Appeal from the United States District Court for the Northern District of Texas USDC No. 5:15-CR-91-1 Before KING, DENNIS, and COSTA, Circuit Judges. PER CURIAM: * The Federal Public Defender appointed to represent Jose Cruz-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). Cruz-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 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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.W * Case: 16-10506 Document: 00513836382 Page: 2 Date Filed: 01/16/2017 No. 16-10506 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. 2

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