United States v. Michael Martinez

519 F. App'x 302

Opinion

Case: 11-51241 Document: 00512209733 Page: 1 Date Filed: 04/16/2013

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit

FILED April 16, 2013 No. 11-51241 Conference Calendar Lyle W. Cayce Clerk

UNITED STATES OF AMERICA,

Plaintiff-Appellee

v.

MICHAEL MARTINEZ, also known as Shadow,

Defendant-Appellant

Appeal from the United States District Court for the Western District of Texas USDC No. 1:11-CR-360-7

Before JOLLY, DENNIS, and PRADO, Circuit Judges. PER CURIAM:* The attorney appointed to represent Michael 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 a response. The record is insufficiently developed to allow consideration at this time of Martinez’s claim of ineffective assistance of counsel; such a claim generally “cannot be resolved on direct appeal when the claim has not been raised before the district court since no opportunity existed to develop

* 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 11-51241 Document: 00512209733 Page: 2 Date Filed: 04/16/2013

No. 11-51241

the record on the merits of the allegations.” United States v. Cantwell, 470 F.3d 1087, 1091 (5th Cir. 2006) (internal quotation marks and citation omitted). We have reviewed counsel’s brief and the relevant portions of the record reflected therein, as well as Martinez’s response. We concur with counsel’s assessment that the appeal presents no nonfrivolous issue for appellate review. Accordingly, the 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.