Unreported / Non-Citable
Background
Javier Andres Rivera appealed from a criminal case in the U.S. District Court for the Southern District of Texas. The Federal Public Defender appointed to represent him concluded that the appeal presented no nonfrivolous issue.
Appointed counsel moved for leave to withdraw and filed a brief under Anders v. California and United States v. Flores. Rivera did not file a response.
The Court’s Holding
The Fifth Circuit reviewed counsel’s brief and the relevant portions of the record identified in it. The court agreed with counsel’s assessment that the appeal presented no nonfrivolous issue for appellate review.
The court granted counsel’s motion to withdraw, excused counsel from further responsibilities in the case, and dismissed the appeal under Fifth Circuit Rule 42.2.
Key Takeaways
- The Fifth Circuit independently reviewed the materials relevant to appointed counsel’s Anders submission.
- The court found no nonfrivolous appellate issue.
- Counsel was permitted to withdraw, and Rivera’s appeal was dismissed.
Why It Matters
The decision illustrates the Fifth Circuit’s disposition of a criminal appeal when appointed counsel submits an Anders brief and the court’s own review reveals no nonfrivolous ground for appeal.