Summary
Fifth Circuit granted 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 counsel's brief and the defendant's response, concurring that the appeal presented no nonfrivolous issues for review. This unpublished per curiam opinion addresses the standard for Anders motions and dismissal of frivolous direct criminal appeals.
Topics
Practice areas
Questions Presented
- Whether the appeal presents any nonfrivolous issue for appellate review.
Holdings
- The appeal presents no nonfrivolous issues 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 defendant was convicted in the district court. Appointed counsel filed an Anders brief and moved to withdraw. The defendant filed a response. The Fifth Circuit reviewed the record and found no nonfrivolous issues for appeal.
Procedural history
The defendant appealed from a criminal conviction or sentence. Appointed counsel filed a motion to withdraw and an Anders brief asserting no nonfrivolous issues. The defendant responded. The Fifth Circuit reviewed the record and concurred there were no nonfrivolous issues, dismissing the appeal.