USA v. Osmin Martinez, No. 10-20690 (5th Cir. 2011)

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Case: 10-20690 Document: 00511573856 Page: 1 Date Filed: 08/16/2011 IN THE UNITED STATES COURT OF APPEALS United States Court of Appeals FOR THE FIFTH CIRCUIT Fifth Circuit FILED No. 10-20690 Conference Calendar August 16, 2011 Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee v. OSMIN J. MARTINEZ, also known as Osmin Javier Martinez, also known as Osmin Martinez-Gutierrez, also known as Osmin Javier Martinez-Guiterrez, also known as Osmin Martinez, Defendant-Appellant Appeal from the United States District Court for the Southern District of Texas USDC No. 4:10-CR-137-1 Before HIGGINBOTHAM, CLEMENT, and ELROD, Circuit Judges. PER CURIAM:* The attorney appointed to represent Osmin J. 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 in which he asks this court to appoint substitute counsel to represent him. * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 10-20690 Document: 00511573856 Page: 2 Date Filed: 08/16/2011 No. 10-20690 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, Martinez s request for substitute counsel is DENIED, and the APPEAL IS DISMISSED. See 5TH CIR. R. 42.2. 2

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