USA v. Claudio Martinez, Jr.
Filing
UNPUBLISHED OPINION FILED. [16-50374 Dismissed as Frivolous] Judge: EGJ, Judge: ECP, Judge: LHS. Mandate pull date is 03/14/2017 for Appellant Claudio Marquez Martinez Jr.; granting motion to withdraw as counsel filed by Mr. Damian Castillo, Esq. [8308691-2] [16-50374]
Case: 16-50374
Document: 00513883100
Page: 1
Date Filed: 02/21/2017
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 16-50374
Conference Calendar
United States Court of Appeals
Fifth Circuit
FILED
February 21, 2017
UNITED STATES OF AMERICA,
Plaintiff-Appellee
Lyle W. Cayce
Clerk
v.
CLAUDIO MARQUEZ MARTINEZ, JR.,
Defendant-Appellant
Appeal from the United States District Court
for the Western District of Texas
USDC No. 4:14-CR-629-2
Before JOLLY, PRADO, and SOUTHWICK, Circuit Judges.
PER CURIAM: *
The attorney appointed to represent Claudio Marquez Martinez, Jr., 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 filed a response.
The record is not sufficiently
developed to allow us to make a fair evaluation of Martinez’s claim of
ineffective assistance of counsel; we therefore decline to consider the claim
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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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: 16-50374
Document: 00513883100
Page: 2
Date Filed: 02/21/2017
No. 16-50374
without prejudice to collateral review. See United States v. Isgar, 739 F.3d 829,
841 (5th Cir. 2014).
We have reviewed counsel’s brief and the relevant portions of the record
reflected therein, as well as Martinez’s response. We concur with counsel’s
assessment that the appeal presents no nonfrivolous issue for appellate review.
Accordingly, the 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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