Unreported / Non-Citable
Background
Luis Garza-Gomez appealed from a criminal case in the U.S. District Court for the Western District of Texas. The Federal Public Defender appointed to represent him moved for leave to withdraw.
Appointed counsel filed a brief under Anders v. California and United States v. Flores, representing that the appeal presented no nonfrivolous issue for appellate review. Garza-Gomez 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 court agreed with counsel’s assessment that the appeal presented no nonfrivolous issue for appellate review.
The court therefore 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
- The Fifth Circuit independently reviewed the materials identified in appointed counsel’s Anders brief.
- The panel found no nonfrivolous issue warranting appellate review.
- The court permitted appointed counsel to withdraw and dismissed the appeal.
Why It Matters
The decision illustrates the Fifth Circuit’s disposition of a criminal appeal following an Anders submission: after reviewing counsel’s brief and the relevant record, the court may allow counsel to withdraw and dismiss the appeal when it agrees that no nonfrivolous appellate issue exists.
The opinion is unpublished and therefore is not designated for publication under Fifth Circuit Rule 47.5.