Summary
Fifth Circuit granted appointed counsel's motion to withdraw and dismissed the appeal as frivolous under *Anders v. California*, 386 U.S. 738 (1967), and *United States v. Flores*, 632 F.3d 229 (5th Cir. 2011). The court reviewed the record and agreed with counsel that the appeal presented no nonfrivolous issues for appellate review. This unpublished per curiam opinion addresses the standard for Anders briefs and dismissal of frivolous criminal appeals.
Topics
Practice areas
Questions Presented
- Whether the appeal presents any nonfrivolous issue for appellate review.
Holdings
- The appeal presents no nonfrivolous issue for appellate review.
Key quotations
“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.”
Factual background
The opinion does not provide details of the underlying criminal case, as the appeal was dismissed as frivolous under Anders. The only information is that the defendant was convicted in the Northern District of Texas, and the Federal Public Defender was appointed for appeal.
Procedural history
The defendant was convicted in the Northern District of Texas (case No. 3:18-CR-402-1). He appealed, and the appointed Federal Public Defender filed an Anders brief, concluding the appeal presented no nonfrivolous issues. The defendant did not respond. The Fifth Circuit reviewed the brief and relevant portions of the record.