Unreported / Non-Citable
Background
Benjamin Hernandez Belloc appealed from a criminal case in the U.S. District Court for the Western District of Texas. The Fifth Circuit considered the appeal on its summary calendar.
Belloc’s appointed attorney moved to withdraw and filed a brief under Anders v. California and United States v. Flores, representing that the appeal presented no nonfrivolous issue. Belloc 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 that the appeal presented no nonfrivolous issue for appellate review.
The court therefore 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 may seek withdrawal through an Anders brief when the attorney concludes that an appeal presents no nonfrivolous issue.
- The appellate court independently reviewed the relevant record before agreeing with counsel’s assessment.
- The Fifth Circuit granted withdrawal and dismissed Belloc’s appeal as frivolous under Rule 42.2.
Why It Matters
The decision illustrates the Fifth Circuit’s procedure for resolving criminal appeals submitted through the Anders process. Counsel’s assessment alone did not end the appeal; the panel conducted its own review before permitting withdrawal and dismissing the case.