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United States v. Humberto Martinez-Lopez
671 F. App'x 235
| 5th Cir. | 2016
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Docket

*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 *2 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 5 TH C IR . R. 42.2.

2

[*] Pursuant to 5 TH C IR . R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5 TH C IR . R. 47.5.4.

Case Details

Case Name: United States v. Humberto Martinez-Lopez
Court Name: Court of Appeals for the Fifth Circuit
Date Published: Nov 29, 2016
Citation: 671 F. App'x 235
Docket Number: 16-40580 Summary Calendar
Court Abbreviation: 5th Cir.
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