Unreported / Non-Citable
Background
Luciano Flores-Jimenez appealed from a criminal case in the U.S. District Court for the Southern District of Texas. The Federal Public Defender appointed to represent him concluded that the appeal presented no nonfrivolous issue.
Appointed counsel moved for leave to withdraw and filed a brief under Anders v. California and United States v. Flores. Flores-Jimenez did not file a response.
The Court’s Holding
The Fifth Circuit reviewed counsel’s brief and the relevant portions of the record identified in it. The panel 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
- The Fifth Circuit independently reviewed the Anders brief and the relevant portions of the record.
- The court found no nonfrivolous issue warranting appellate review.
- The court permitted appointed counsel to withdraw and dismissed the appeal.
Why It Matters
The unpublished per curiam opinion illustrates the Fifth Circuit’s procedure when appointed criminal-defense counsel files an Anders brief. If the court’s review confirms that the appeal raises no nonfrivolous issue, it may allow counsel to withdraw and dismiss the appeal.