United States v. Martinez ( 2022 )

Case: 22-20074 Document: 00516436721 Page: 1 Date Filed: 08/17/2022
United States Court of Appeals
for the Fifth Circuit United States Court of Appeals
Fifth Circuit
FILED
No. 22-20074 August 17, 2022
Summary Calendar Lyle W. Cayce
Clerk
United States of America,
Plaintiff—Appellee,
versus
Francisco Javier Diaz Martinez,
Defendant—Appellant.
Appeal from the United States District Court
for the Southern District of Texas
USDC No. 4:20-CR-565-1
Before Wiener, Elrod, and Engelhardt, Circuit Judges.
Per Curiam:*
The Federal Public Defender appointed to represent Francisco Javier
Diaz 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). Diaz Martinez has not filed a response.
*
Pursuant to 5th Circuit Rule 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opinion should not be published and is not precedent except under the limited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 Circuit Rule 47.5.4.
Case: 22-20074 Document: 00516436721 Page: 2 Date Filed: 08/17/2022
No. 22-20074
We have reviewed counsel’s brief and the relevant portions of the 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.
2