United States v. Martinez

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT

No. 19-10205
Conference Calendar

UNITED STATES OF AMERICA,

Plaintiff−Appellee,

versus

JOHNNY RAY MARTINEZ, also known as Juan Ramon Martinez,

Defendant−Appellant.

Appeal from the United States District Court
for the Northern District of Texas
No. 5:17-CR-44-1

Before DAVIS, SMITH, and SOUTHWICK, Circuit Judges.
PER CURIAM:
*
The attorney appointed to represent Johnny Martinez has moved to

*
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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5
TH
CIR. R. 47.5.4.
United States Court of Appeals
Fifth Circuit
FILED
January 10, 2020

Lyle W. Cayce
Clerk
Case: 19-10205 Document: 00515267765 Page: 1 Date Filed: 01/10/2020

No. 19-10205
2
withdraw and has filed a brief per Anders v. California, 386 U.S. 738 (1967),
and United States v. Flores, 632 F.3d 229 (5th Cir. 2011). Martinez has filed a
response. The record is not sufficiently developed for a fair evaluation of Mar-
tinez’s claims of ineffective assistance of counsel; we therefore decline to con-
sider them but without prejudice to collateral review. See United States v.
Isgar, 739 F.3d 829, 841 (5th Cir. 2014).
We have reviewed counsel’s brief, relevant portions of the record, and
Martinez’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 responsi-
bilities herein, and the appeal is DISMISSED. See 5
TH CIR. R. 42.2. To the
extent that Martinez moves for the appointment of substitute counsel, the
motion is DENIED. See United States v. Wagner, 158 F.3d 901, 902−03 (5th
Cir. 1998).
Case: 19-10205 Document: 00515267765 Page: 2 Date Filed: 01/10/2020