USA v. Humberto Martinez-Lopez, No. 16-40580 (5th Cir. 2016)

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Case: 16-40580 Document: 00513776336 Page: 1 Date Filed: 11/29/2016 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit No. 16-40580 Summary Calendar FILED November 29, 2016 Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee v. HUMBERTO MARTINEZ-LOPEZ, Defendant-Appellant Appeal from the United States District Court for the Southern District of Texas USDC No. 1:15-CR-595-1 Before REAVLEY, OWEN, and ELROD, Circuit Judges. PER CURIAM: * The Federal Public Defender appointed to represent Humberto Martinez-Lopez 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-Lopez has filed a response. The record is not sufficiently developed to allow us to make a fair evaluation of Martinez-Lopez’s claim of ineffective assistance of counsel; we therefore 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 16-40580 Document: 00513776336 Page: 2 Date Filed: 11/29/2016 No. 16-40580 decline to consider the claim without prejudice to collateral review. See United States v. Isgar, 739 F.3d 829, 841 (5th Cir. 2014). Martinez-Lopez’s motion for the appointment of new counsel is DENIED. See United States v. Wagner, 158 F.3d 901, 902-03 (5th Cir. 1998). We have reviewed counsel’s brief and the relevant portions of the record reflected therein, as well as Martinez-Lopez’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. 2

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