United States v. Martin

Opinion

United States Court of Appeals Fifth Circuit

IN THE UNITED STATES COURT OF APPEALS FILED FOR THE FIFTH CIRCUIT August 18, 2004

Charles R. Fulbruge III Clerk No. 03-50888 Conference Calendar

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

MICHAEL JOSEPH MARTIN,

Defendant-Appellant.

-------------------- Appeal from the United States District Court for the Western District of Texas USDC No. A-03-CR-107-ALL-JN --------------------

Before HIGGINBOTHAM, DAVIS, and PICKERING, Circuit Judges.

PER CURIAM:*

Counsel appointed to represent Michael Joseph Martin has

requested leave to withdraw and has filed a brief pursuant to

Anders v. California, 386 U.S. 738 (1967). Martin was informed

of counsel’s instant motion but did not file a response. Our

independent review of the brief and the record discloses no

nonfrivolous issue for appeal. Counsel’s motion for leave to

withdraw is GRANTED, counsel is excused from further

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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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