USA v. Benito Martinez-Ipina


UNPUBLISHED OPINION FILED. [17-40382 Dismissed as Frivolous] Judge: WED , Judge: EBC , Judge: GJC Mandate issue date is 12/08/2017 for Appellant Benito Martinez-Ipina; granting motion to withdraw as counsel filed by Mr. H. Michael Sokolow [8536934-2] [17-40382]

Download PDF
Case: 17-40382 Document: 00514240998 Page: 1 Date Filed: 11/16/2017 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 17-40382 Summary Calendar United States Court of Appeals Fifth Circuit FILED November 16, 2017 Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee v. BENITO MARTINEZ-IPINA, Defendant-Appellant Appeal from the United States District Court for the Southern District of Texas USDC No. 5:16-CR-1394-1 Before DAVIS, CLEMENT, and COSTA, Circuit Judges. PER CURIAM: * The Federal Public Defender appointed to represent Benito MartinezIpina 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-Ipina has submitted an untimely response challenging his conviction. Even if it were timely, because the record reflects that Martinez-Ipina knowingly decided not to appeal his conviction, we will not 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 17-40382 Document: 00514240998 Page: 2 Date Filed: 11/16/2017 No. 17-40382 address the issues raised in his response. See United States v. Polanco-Ozorto, 772 F.3d 1053, 1054-55 (5th Cir. 2014). 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. 2

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?