USA v. Benito Martinez-Ipina

Filing

UNPUBLISHED OPINION FILED.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]

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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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

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