U.S. v. Layton

Full title: UNITED STATES of America, Plaintiff-Appellee v. Xavier Omar MARTINEZ…

Court: United States Court of Appeals, Fifth Circuit

Date published: Jun 22, 2010

384 F. App'x 322 (5th Cir. 2010)

Opinion

No. 09-20629 Conference Calendar.

June 22, 2010.

James Lee Turner, Assistant U.S. Attorney, U.S. Attorney's Office, Houston, TX, for Plaintiff-Appellee.

Marjorie A. Meyers, Federal Public Defender, Timothy William Crooks, Assistant Federal Public Defender, Federal Public Defender's Office, Houston, TX, for Defendant-Appellant.

Xavier Omar Martinez Layton, Conroe, TX, pro se.

Appeal from the United States District Court for the Southern District of Texas, USDC No. 4:09-CR-203-1.

Before JOLLY, STEWART, and OWEN, Circuit Judges.

PER CURIAM:[fn*] [fn*] Pursuant to 5TH CIR. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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.

The Federal Public Defender appointed to represent Xavier Omar Martinez Layton has moved for leave to withdraw and has filed a brief in accordance with Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967). Martinez Layton has filed a response. Our independent review of the record, counsel's brief, and Martinez Layton's response 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. See 5TH CIR. R. 42.2.