Unreported / Non-Citable
Background
Joe Daniel Perez appealed from proceedings 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 review.
Appointed counsel moved for leave to withdraw and filed a brief under Anders v. California and United States v. Flores. Perez 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 case, and dismissed the appeal under Fifth Circuit Rule 42.2.
Key Takeaways
- An appointed attorney who concludes that a criminal appeal is frivolous may seek withdrawal through the Anders procedure.
- The appellate court reviewed the relevant record and found no nonfrivolous issue for review.
- The court allowed counsel to withdraw and dismissed Perez’s appeal.
Why It Matters
The decision illustrates the Fifth Circuit’s handling of an uncontested Anders submission: the court reviews counsel’s assessment and the relevant record before permitting withdrawal and dismissing an appeal as frivolous.