Unreported / Non-Citable
Background
Jose David Sifuentes 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 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. Sifuentes 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.
Accordingly, 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 who finds no nonfrivolous appellate issue may seek withdrawal through the Anders procedure.
- The appellate court independently reviewed counsel’s submission and the relevant portions of the record before dismissing the appeal.
- The dismissal ended the appeal and relieved appointed counsel of further responsibility in the case.
Why It Matters
The unpublished decision illustrates the Fifth Circuit’s handling of an uncontested Anders submission on its summary calendar. Even when the defendant files no response, the court conducts its own review before determining that an appeal presents no nonfrivolous issue and dismissing it.