United States v. Gilbert Martinez

Opinion

Case: 18-11470 Document: 00515209394 Page: 1 Date Filed: 11/21/2019

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

United States Court of Appeals Fifth Circuit

FILED

No. 18-11470 November 21, 2019 Conference Calendar

Lyle W. Cayce

Clerk

UNITED STATES OF AMERICA,

Plaintiff-Appellee

v.

GILBERT MARTINEZ, also known as Chuco,

Defendant-Appellant

Appeal from the United States District Court for the Northern District of Texas USDC No. 6:18-CR-22-1

Before STEWART, DENNIS, and HO, Circuit Judges. PER CURIAM: * The attorney appointed to represent Gilbert 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 filed responses. The record is not sufficiently developed to allow us to make a fair evaluation of Martinez’s claims of ineffective assistance of

* 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 18-11470 Document: 00515209394 Page: 2 Date Filed: 11/21/2019

No. 18-11470

counsel; we therefore decline to consider the claims 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 responses. 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. Martinez’s motion to appoint new counsel is DENIED. See United States v. Wagner, 158 F.3d 901, 902-03 (5th Cir. 1998).