Unreported / Non-Citable
Background
Virginio Ernestro Quezada appealed from a criminal case in the U.S. District Court for the Northern District of Texas. The Federal Public Defender appointed to represent him concluded that the appeal presented no nonfrivolous issue for appellate review.
Counsel moved for leave to withdraw and submitted a brief under Anders v. California and United States v. Flores. Quezada 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 may seek withdrawal through an Anders brief when counsel concludes that an appeal presents no nonfrivolous issue.
- The appellate court reviewed the brief and relevant record portions before agreeing that Quezada’s appeal was frivolous.
- The Fifth Circuit permitted counsel to withdraw and dismissed the appeal.
Why It Matters
The unpublished decision illustrates the Fifth Circuit’s procedure for resolving an appointed counsel’s Anders motion in a criminal appeal. Withdrawal was permitted only after the court conducted its own review and found no nonfrivolous appellate issue.