United States v. Martinez-Rubio

Opinion

Case: 23-40588 Document: 45-1 Page: 1 Date Filed: 03/07/2024

United States Court of Appeals for the Fifth Circuit United States Court of Appeals Fifth Circuit

____________ FILED March 7, 2024 No. 23-40588 Lyle W. Cayce Summary Calendar Clerk ____________

United States of America,

Plaintiff—Appellee,

versus

Leopoldo Martinez-Rubio,

Defendant—Appellant. ______________________________

Appeal from the United States District Court for the Southern District of Texas USDC No. 1:23-CR-323-1 ______________________________

Before Elrod, Oldham, and Wilson, Circuit Judges. Per Curiam: * The Federal Public Defender appointed to represent Leopoldo Martinez-Rubio 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-Rubio has not filed a response. We have reviewed counsel’s brief and the relevant portions of the

_____________________ * This opinion is not designated for publication. See 5th Cir. R. 47.5. Case: 23-40588 Document: 45-1 Page: 2 Date Filed: 03/07/2024

No. 23-40588

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.