United States v. Luna-Martinez

Opinion

United States Court of Appeals Fifth Circuit F I L E D IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT February 24, 2006

Charles R. Fulbruge III Clerk No. 05-40392 Conference Calendar

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

JOSE LUIS LUNA-MARTINEZ,

Defendant-Appellant.

-------------------- Appeal from the United States District Court for the Southern District of Texas USDC No. 2:05-CR-67-ALL --------------------

Before GARZA, DENNIS, and PRADO, Circuit Judges.

PER CURIAM:*

Counsel appointed for Jose Luis Luna-Martinez has filed a

motion for leave to withdraw and a brief as required by Anders v.

California, 386 U.S. 738 (1967). Luna-Martinez has filed a

response. Our independent review of counsel’s brief, Luna-

Martinez’s response, and the record discloses no nonfrivolous

issue.

We decline to address Luna-Martinez’s allegations of

ineffective assistance of counsel on direct appeal. See United

States v. Brewster, 137 F.3d 853, 859 (5th Cir. 1998).

* 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. No. 05-40392 -2-

Accordingly, counsel’s motion to withdraw is GRANTED;

counsel is excused from further responsibilities herein, and the

appeal is DISMISSED. See 5TH CIR. R. 42.2.