Summary
**Topics:** Anders Brief; Frivolous Appeal; Motion to Withdraw as Counsel; Dismissal of Appeal **Holdings:** The Fifth Circuit granted appointed counsel's motion to withdraw and dismissed the appeal after independently reviewing the record and concurring that no nonfrivolous issues existed for appellate review. **Key Concepts:** *Anders v. California* (386 U.S. 738); *United States v. Flores* (632 F.3d 229); 5th Cir. R. 42.2; unpublished per curiam opinion.
Court
United States Court of Appeals for the Fifth Circuit
Writing for the Court
Per Curiam; Davis; Elrod; Oldham
Jurisdiction
Federal
Decision date
June 10, 2021
Docket number
21-40013
Procedural posture
Appeal from the United States District Court for the Southern District of Texas, USDC No. 7:20-CR-1230-1. The defendant appealed his conviction. The Federal Public Defender filed an Anders brief and moved to withdraw.
Standard of review
Frivolousness review under Anders v. California
Precedential value
Unpublished
Parties
Emmanuel Jimenez-Lopez v. United States of America
Disposition
dismissed
Topics
criminal procedureappellate procedurestandard of review
Practice areas
Criminal LawAppellate Procedure
Questions Presented
- Whether the appeal presents any 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.” (2)
Factual background
The underlying facts are not described in the opinion; the appeal is based on an Anders brief filed by appointed counsel.
Procedural history
The defendant was convicted in the district court. He appealed. Appointed counsel filed an Anders brief and motion to withdraw. The defendant did not respond.
Court Document
Open PDFLoading document…