United States v. Benito Martinez-Ipina

701 F. App'x 406

• Court: Court of Appeals for the Fifth Circuit
• Decided: November 16, 2017
• Docket: 17-40382 Summary Calendar
• Status: Unpublished

Opinion

PER CURIAM: *

The Federal Public Defender appointed to represent Benito Martinez-Ipina has moved for leave to withdraw and has filed a brief in accordance with Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (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 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.

* Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.