United States v. Alvarado — Fifth Circuit dismissed criminal appeal and granted counsel’s withdrawal under Anders v. California

Unreported / Non-Citable

Case: United States v. Frank Jose Alvarado, Jr.
Court: U.S. Court of Appeals for the Fifth Circuit
Date Decided: July 9, 2026
Docket No.: 25-11294 (District: 3:22-CR-465-4, N.D. Texas)
Topics: Criminal Appeal, Right to Counsel, Appellate Procedure, Anders Motion
Source: Read the full opinion

Background

Frank Jose Alvarado, Jr. appealed his criminal conviction from the U.S. District Court for the Northern District of Texas. His court-appointed appellate counsel filed a motion to withdraw from representation, accompanied by a brief pursuant to Anders v. California, 386 U.S. 738 (1967), and Fifth Circuit precedent in United States v. Flores, 632 F.3d 229 (5th Cir. 2011).

Under Anders, counsel must identify any nonfrivolous issues that might support reversal or modification of the conviction. If no such issues exist, counsel may seek to withdraw after providing the appellate court with a thorough review of the record. Alvarado did not file a response opposing counsel’s motion.

The Court’s Holding

The Fifth Circuit reviewed counsel’s Anders brief and the relevant portions of the appellate record. The court concluded that counsel’s assessment was correct: the appeal presented no nonfrivolous issues for appellate review.

Accordingly, the court granted counsel’s motion to withdraw from representation, excused counsel from further responsibilities in the case, and dismissed the appeal entirely. The opinion notes that it is not designated for publication under Fifth Circuit Rule 47.5.

Key Takeaways

An Anders motion allows appointed counsel to withdraw when no nonfrivolous appellate issues exist, subject to judicial review and the defendant’s right to identify potential issues.

The Fifth Circuit’s review confirmed that Alvarado’s appeal lacked merit under applicable appellate standards.

The defendant did not file a response contesting counsel’s position or raising issues for independent review.

Appellate dismissal occurred without addressing the merits of the underlying conviction.

Why It Matters

This decision illustrates the routine application of Anders review in the federal appellate system. The procedure protects defendants’ constitutional right to counsel while enabling courts to manage frivolous appeals efficiently. The court’s concurrence with counsel’s assessment shows thorough judicial review of the record before permitting withdrawal.

Background

The Court’s Holding

Key Takeaways

Why It Matters

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