USA v. Wilmer Martinez-Melendez, No. 14-41454 (5th Cir. 2015)

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Case: 14-41454 Document: 00513213273 Page: 1 Date Filed: 09/30/2015 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit No. 14-41454 Summary Calendar FILED September 30, 2015 Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff–Appellee, versus WILMER MARTINEZ-MELENDEZ, Defendant–Appellant. Appeal from the United States District Court for the Southern District of Texas USDC No. 2:14-CR-503-1 Before REAVLEY, SMITH, and HAYNES, Circuit Judges. PER CURIAM: * The Federal Public Defender appointed to represent Wilmer Martinez- 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 14-41454 Document: 00513213273 Page: 2 Date Filed: 09/30/2015 No. 14-41454 Melendez 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-Melendez has filed a response. We have reviewed counsel’s brief, relevant portions of the record reflected therein, and Martinez-Melendez’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. Martinez-Melendez’s motions for a stay and for the appointment of new counsel are DENIED. 2

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