USA v. Claudio Martinez, Jr.


UNPUBLISHED OPINION FILED.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]

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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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