Unreported / Non-Citable
Background
Jaime Rosaly Reyes-Vanegas appealed from a criminal case in the U.S. District Court for the Southern District of Texas. The Federal Public Defender was appointed to represent Reyes-Vanegas on appeal.
Appointed counsel moved for leave to withdraw and filed a brief under Anders v. California and United States v. Flores, indicating that the appeal presented no nonfrivolous issue. Reyes-Vanegas did not file a response.
The Court’s Holding
The Fifth Circuit independently 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
- An appointed attorney who concludes that a criminal appeal lacks a nonfrivolous issue may seek withdrawal through the Anders procedure.
- The appellate court conducted its own review of counsel’s brief and the relevant portions of the record before agreeing that no nonfrivolous issue existed.
- The Fifth Circuit permitted counsel to withdraw and dismissed the appeal.
Why It Matters
The decision illustrates the Fifth Circuit’s handling of an unopposed Anders filing. Counsel’s assessment alone did not end the appeal; the court reviewed the submission and relevant record before determining that dismissal was warranted.