Unreported / Non-Citable
Background
Angela Guerrero appealed from a criminal case in the U.S. District Court for the Northern District of Texas. Her 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 ground for review.
Guerrero did not file a response to counsel’s motion or Anders 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 Guerrero’s appeal presented no nonfrivolous issue for appellate review.
The court granted counsel’s motion for leave 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 may seek to withdraw when an Anders review reveals no nonfrivolous appellate issue.
- The appellate court independently reviewed counsel’s brief and the relevant portions of the record before accepting counsel’s assessment.
- Finding no nonfrivolous issue, the Fifth Circuit permitted counsel to withdraw and dismissed Guerrero’s appeal.
Why It Matters
The unpublished decision illustrates the Fifth Circuit’s procedure for resolving a criminal appeal after appointed counsel files an Anders brief. Withdrawal and dismissal followed only after the panel conducted its own review and agreed that no nonfrivolous appellate issue existed.