USA v. Sergio Martinez-Tapia, No. 18-40649 (5th Cir. 2020)

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Case: 18-40649 Document: 00515668754 Page: 1 Date Filed: 12/10/2020 United States Court of Appeals for the Fifth Circuit United States Court of Appeals Fifth Circuit FILED December 10, 2020 No. 18-40649 Conference Calendar Lyle W. Cayce Clerk United States of America, Plaintiff—Appellee, versus Sergio Martinez-Tapia, Defendant—Appellant. Appeal from the United States District Court for the Southern District of Texas USDC No. 5:17-CR-953-1 Before Smith, Stewart, and Higginson, Circuit Judges. Per Curiam:* The attorney appointed to represent Sergio Martinez-Tapia 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-Tapia has not filed a response. We have reviewed * Pursuant to 5th Circuit Rule 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Circuit Rule 47.5.4. Case: 18-40649 Document: 00515668754 Page: 2 Date Filed: 12/10/2020 No. 18-40649 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, and the APPEAL IS DISMISSED. See 5TH CIR. R. 42. 2

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