USA v. Wenseslao Martinez-Jimenez, No. 10-30182 (5th Cir. 2010)

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Case: 10-30182 Document: 00511315548 Page: 1 Date Filed: 12/08/2010 IN THE UNITED STATES COURT OF APPEALS United States Court of Appeals FOR THE FIFTH CIRCUIT Fifth Circuit FILED No. 10-30182 Conference Calendar December 8, 2010 Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee v. WENSESLAO MARTINEZ-JIMENEZ, also known as Jose Angel Martinez, also known as Abrahan Jimenez Alvarez, also known as Jose A. Martinez, also known as Jose Martinez, also known as Jose Angel Martinez-Angeles, also known as Wenseslao Martinez-Jiminez, also known as Wubenseslao Jimenez Martinez, also know as Wenseslao Martinez Jimenez, Defendant-Appellant Appeal from the United States District Court for the Eastern District of Louisiana USDC No. 2:09-CR-295-1 Before KING, BENAVIDES, and PRADO, Circuit Judges. PER CURIAM:* The Federal Public Defender appointed to represent Wenseslao MartinezJimenez (Martinez) has moved for leave to withdraw and has filed a brief in accordance with Anders v. California, 386 U.S. 738 (1967). Because Martinez was deported from the United States before the Anders motion and brief were * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR .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: 10-30182 Document: 00511315548 Page: 2 Date Filed: 12/08/2010 No. 10-30182 filed, he was not served. Our independent review of the record and counsel s brief discloses no nonfrivolous issue for appeal. Accordingly, counsel s motion for leave to withdraw is GRANTED, counsel is excused from further responsibilities herein, and the APPEAL IS DISMISSED in part as frivolous, see 5 TH C IR. R. 42.2, and in part as moot. See United States v. Rosenbaum-Alanis, 483 F.3d 381, 383 (5th Cir. 2007). 2

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