Unreported / Non-Citable
Background
Isaac Royce Gonzales appealed from a criminal case in the U.S. District Court for the Western District of Texas. His appointed appellate attorney moved for leave to withdraw and filed a brief under Anders v. California, asserting that the appeal presented no nonfrivolous issue.
Gonzales did not file a response to counsel’s motion or brief. The Fifth Circuit reviewed counsel’s submission and the relevant portions of the record identified in it.
The Court’s Holding
The Fifth Circuit agreed with appointed counsel’s assessment that Gonzales’s 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
- An appointed attorney may seek withdrawal through an Anders brief when counsel concludes that an appeal presents no nonfrivolous issue.
- The Fifth Circuit independently reviewed the brief and the relevant portions of the record before accepting counsel’s assessment.
- Finding no nonfrivolous appellate issue, the court permitted counsel to withdraw and dismissed the appeal.
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 before allowing appointed counsel to withdraw and dismissing an appeal as frivolous.