Unreported / Non-Citable
Background
Leonel Gonzalez Saenz appealed from a criminal case in the U.S. District Court for the Northern District of Texas. His appointed appellate 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.
The Fifth Circuit reviewed counsel’s brief and the relevant portions of the record identified in it. The court also considered Saenz’s untimely response, which he had filed in the district court.
The Court’s Holding
The Fifth Circuit agreed with appointed 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 panel independently reviewed counsel’s Anders brief and the relevant portions of the record.
- The court also considered Saenz’s untimely response filed in the district court.
- Finding no nonfrivolous appellate issue, the court permitted 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The unpublished decision illustrates the Fifth Circuit’s procedure when appointed counsel concludes that a criminal appeal lacks a nonfrivolous issue. After conducting its own review and agreeing with counsel’s assessment, the court may allow counsel to withdraw and dismiss the appeal.