Unreported / Non-Citable
Background
Edward Adam Rodriguez appealed a criminal conviction from the United States District Court for the Northern District of Texas (Case No. 5:14-CR-117-7). The Federal Public Defender was appointed to represent Rodriguez on appeal.
The public defender filed a motion for leave to withdraw and submitted a brief under Anders v. California, 386 U.S. 738 (1967), and United States v. Flores, 632 F.3d 229 (5th Cir. 2011)—the governing standard in the Fifth Circuit for situations where counsel believes an appeal lacks any nonfrivolous issues. Rodriguez did not file a response to this motion.
The Fifth Circuit panel agreed with counsel’s assessment that the appeal presented no nonfrivolous issues for appellate review. The court granted the public defender’s motion to withdraw and excused counsel from further responsibilities in the case.
The appeal was dismissed entirely. The court applied Fifth Circuit Rule 42.2 in issuing this summary disposition.
This decision demonstrates the Fifth Circuit’s application of the Anders procedure in cases where appellate counsel in good faith cannot identify any nonfrivolous issues to present. The opinion is not designated for publication and serves primarily as procedural guidance within Fifth Circuit practice.