USA v. Jose Luna-Martinez, No. 17-10878 (5th Cir. 2018)

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Case: 17-10878 Document: 00514396255 Page: 1 Date Filed: 03/21/2018 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 17-10878 Summary Calendar United States Court of Appeals Fifth Circuit FILED March 21, 2018 Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee v. JOSE LUNA-MARTINEZ, Defendant-Appellant Appeal from the United States District Court for the Northern District of Texas USDC No. 6:17-CR-10-1 Before HIGGINBOTHAM, JONES, SMITH, Circuit Judges. PER CURIAM: * The Federal Public Defender appointed to represent Jose Luna-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). Luna-Martinez has not filed a response. Although LunaMartinez remains subject to a term of supervised release, he has completed the term of imprisonment. We have reviewed counsel’s brief and the relevant 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 17-10878 Document: 00514396255 Page: 2 Date Filed: 03/21/2018 No. 17-10878 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 as frivolous. See 5TH CIR. R. 42.2. 2

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