Summary
Fifth Circuit granted appointed counsel's motion to withdraw under *Anders v. California* after concluding the direct criminal appeal presented no nonfrivolous issues for review. The court dismissed the appeal, concurring with counsel's assessment that the record disclosed no arguable grounds for appeal. This unpublished per curiam opinion applies the *Anders* framework for evaluating frivolous appeals in federal criminal cases.
Court
United States Court of Appeals for the Fifth Circuit
Writing for the Court
Jones; Clement; Haynes
Jurisdiction
Federal
Decision date
June 8, 2021
Docket number
No. 20-40584
Procedural posture
Direct appeal from a criminal conviction in the district court.
Standard of review
Review for nonfrivolous issues under Anders v. California.
Precedential value
unpublished
Parties
Anthony Rae Ruiz v. United States of America
Disposition
dismissed
Topics
criminal procedureappellate procedure
Practice areas
Criminal LawAppellate Practice
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 have reviewed counsel’s brief and the relevant portions of the record reflected therein. 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. The specific facts of the conviction are not detailed in this opinion.
Procedural history
The defendant was convicted in the United States District Court for the Eastern District of Texas and appealed. Appointed counsel moved to withdraw and filed an Anders brief.
Court Document
Open PDFLoading document…