Unreported / Non-Citable
Background
Ivan Huerta-Garcia appealed a criminal conviction from the United States District Court for the Southern District of Texas (USDC No. 2:25-CR-50-1). The Federal Public Defender appointed to represent Huerta-Garcia on appeal reviewed the record and filed a motion to withdraw representation, accompanied by a brief pursuant to Anders v. California, 386 U.S. 738 (1967), and United States v. Flores, 632 F.3d 229 (5th Cir. 2011). Under this framework, counsel must identify any arguable issues of merit and explain why none exist, allowing the appellate court to independently review whether the appeal is frivolous.
Huerta-Garcia did not file a response to counsel’s motion or Anders brief.
A three-judge panel of the Fifth Circuit (Judges Haynes, Graves, and Ramirez) reviewed counsel’s brief and the relevant portions of the trial record. The court concurred with counsel’s assessment that the appeal presented no nonfrivolous issue for appellate review.
Accordingly, the court granted counsel’s motion to withdraw, excused counsel from further responsibilities, and dismissed the appeal in its entirety.
This decision reflects the Fifth Circuit’s application of well-established appellate procedure governing criminal appeals with court-appointed counsel. While not precedential (the opinion is not designated for publication), it confirms that counsel’s professional obligation to seek reversal may yield to a candid assessment that no nonfrivolous grounds for appeal exist.
For practitioners, the case underscores the importance of the Anders framework in maintaining appellate integrity while protecting defendants’ constitutional right to counsel through independent judicial review rather than perfunctory appeals.