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United States v. Evaristo Martinez, 16-51095 (2018)

Court: Court of Appeals for the Fifth Circuit Number: 16-51095 Visitors: 73
Filed: Feb. 20, 2018
Latest Update: Mar. 03, 2020
Summary: Case: 16-51095 Document: 00514353642 Page: 1 Date Filed: 02/20/2018 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 16-51095 Conference Calendar United States Court of Appeals Fifth Circuit FILED February 20, 2018 UNITED STATES OF AMERICA, Lyle W. Cayce Clerk Plaintiff-Appellee v. EVARISTO MARTINEZ, Defendant-Appellant Appeal from the United States District Court for the Western District of Texas USDC No. 3:06-CR-2043-1 Before REAVLEY, CLEMENT, and HO, Circuit Judges. PER CURIAM:
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     Case: 16-51095      Document: 00514353642         Page: 1    Date Filed: 02/20/2018




           IN THE UNITED STATES COURT OF APPEALS
                    FOR THE FIFTH CIRCUIT


                                    No. 16-51095
                                 Conference Calendar
                                                                         United States Court of Appeals
                                                                                  Fifth Circuit

                                                                                FILED
                                                                         February 20, 2018
UNITED STATES OF AMERICA,
                                                                           Lyle W. Cayce
                                                                                Clerk
                                                 Plaintiff-Appellee

v.

EVARISTO MARTINEZ,

                                                 Defendant-Appellant


                   Appeal from the United States District Court
                        for the Western District of Texas
                            USDC No. 3:06-CR-2043-1


Before REAVLEY, CLEMENT, and HO, Circuit Judges.
PER CURIAM: *
       The attorney appointed to represent Evaristo 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).
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 issue for appellate review.


       * 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: 16-51095      Document: 00514353642   Page: 2   Date Filed: 02/20/2018


                                 No. 16-51095

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

Source:  CourtListener

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