Unreported / Non-Citable
Background
Luis Francisco Alarcon-Sanchez appealed from a criminal case in the U.S. District Court for the Western District of Texas. His appointed appellate attorney moved for leave to withdraw and filed a brief under Anders v. California, representing that the appeal presented no nonfrivolous ground for review.
Alarcon-Sanchez did not file a response to counsel’s motion or brief. The Fifth Circuit reviewed counsel’s submission and the relevant portions of the record identified in it.
The Court’s Holding
The Fifth Circuit agreed with appointed counsel’s assessment that the appeal presented no nonfrivolous issue for appellate review.
The court therefore 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 may seek withdrawal by filing an Anders brief when counsel concludes that an appeal presents no nonfrivolous issue.
- The Fifth Circuit independently reviewed counsel’s brief and the relevant portions of the record before accepting that assessment.
- Finding no nonfrivolous appellate issue, the court permitted counsel to withdraw and dismissed the appeal.
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 rather than dismissing solely on counsel’s representation.
It also confirms that, when the court concurs that no nonfrivolous issue exists, it may both relieve appointed counsel and dismiss the criminal appeal under its procedural rules.