Unreported / Non-Citable
Background
Wilfido Venamar Luargas De La Fuente appealed from a criminal case in the U.S. District Court for the Eastern District of Texas. The Fifth Circuit considered the appeal on its summary calendar.
Appointed appellate counsel moved for leave to withdraw and filed a brief under Anders v. California and United States v. Flores, representing that the appeal presented no nonfrivolous issue. Luargas De La Fuente 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 matter, 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 reviewed the relevant record before agreeing that the appeal was frivolous.
- The court permitted counsel to withdraw and dismissed the appeal rather than deciding any substantive challenge to the conviction or sentence.
Why It Matters
The decision illustrates the Fifth Circuit’s handling of an uncontested Anders submission: the court conducts its own review of the materials identified by counsel before allowing withdrawal and dismissing the appeal as frivolous.
The unpublished opinion does not resolve a new substantive criminal-law question, but it reinforces the procedural safeguard that appellate review precedes dismissal when appointed counsel finds no nonfrivolous ground for appeal.