Unreported / Non-Citable
Background
Andrew Vazquez appealed from proceedings in the U.S. District Court for the Northern District of Texas in criminal case No. 3:21-CR-370-1. The Fifth Circuit considered the appeal on its summary calendar.
Vazquez’s appointed Federal Public Defender moved for leave to withdraw and filed a brief under Anders v. California and United States v. Flores, representing that the appeal presented no nonfrivolous issue. Vazquez 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 no nonfrivolous issue existed 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 may seek withdrawal through an Anders brief when counsel concludes that an appeal presents no nonfrivolous issue.
- The appellate court independently reviewed the brief and relevant record before accepting counsel’s assessment.
- The Fifth Circuit permitted counsel to withdraw and dismissed Vazquez’s appeal as frivolous.
Why It Matters
The decision illustrates the Fifth Circuit’s handling of an uncontested Anders submission: the court conducts its own review of the materials identified by counsel before allowing withdrawal and dismissing the appeal.
Because the opinion is unpublished and provides no discussion of the underlying conviction, sentence, or potential appellate claims, its significance is primarily procedural.