Unreported / Non-Citable
Background
David Nanez Ramirez, III, appealed from a criminal case in the U.S. District Court for the Northern District of Texas. The Fifth Circuit considered the matter on its summary calendar.
Ramirez’s appointed attorney 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. Ramirez did not file a response.
The Court’s Holding
After reviewing counsel’s brief and the relevant portions of the record identified in it, the Fifth Circuit agreed with counsel 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 Anders brief and the relevant portions of the record.
- The court found no nonfrivolous issue warranting appellate review.
- The court permitted appointed counsel to withdraw and dismissed the appeal.
Why It Matters
The unpublished decision illustrates the Fifth Circuit’s procedure when appointed counsel concludes that a criminal appeal lacks any nonfrivolous issue. Counsel’s assessment does not itself end the appeal; the court reviews the submission and relevant record before allowing withdrawal and dismissing the case.