USA v. Severino Gomez-Marte, No. 19-40862 (5th Cir. 2021)

 Annotate this Case
Download PDF
Case: 19-40862 Document: 00515741267 Page: 1 Date Filed: 02/10/2021 United States Court of Appeals for the Fifth Circuit United States Court of Appeals Fifth Circuit FILED No. 19-40862 Conference Calendar February 10, 2021 Lyle W. Cayce Clerk United States of America, Plaintiff—Appellee, versus Severino Rafael Gomez-Marte, Defendant—Appellant. Appeal from the United States District Court for the Eastern District of Texas USDC No. 4:17-CR-74-4 Before Jones, Clement, and Haynes, Circuit Judges. Per Curiam:* The attorney appointed to represent Severino Rafael Gomez-Marte 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). Gomez-Marte has filed a response. To the extent that * Pursuant to 5th Circuit Rule 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Circuit Rule 47.5.4.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: 19-40862 Document: 00515741267 Page: 2 Date Filed: 02/10/2021 No. 19-40862 Gomez-Marte argues that counsel rendered ineffective assistance, the record is not sufficiently developed to allow us to make a fair evaluation of these claims; we therefore decline to consider the claims without prejudice to collateral review. See United States v. Isgar, 739 F.3d 829, 841 (5th Cir. 2014). We have reviewed counsel’s brief and the relevant portions of the record reflected therein, as well as Gomez-Marte’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

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.