Unreported / Non-Citable
Background
Kenny Anderson Manama Perez appealed from a criminal case in the U.S. District Court for the Northern District of Texas. The Fifth Circuit considered the matter on its summary calendar.
Manama Perez’s appointed attorney moved for leave to withdraw and filed a brief under Anders v. California, 386 U.S. 738 (1967), and United States v. Flores, 632 F.3d 229 (5th Cir. 2011), asserting that the appeal presented no nonfrivolous issue. Manama Perez did not file a response.
The Court’s Holding
After reviewing counsel’s brief and the relevant portions of the record identified in it, the Fifth Circuit agreed with counsel that the appeal presented no nonfrivolous issue for appellate review.
The court granted counsel’s motion for leave 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 by filing an Anders brief when counsel concludes that an appeal presents no nonfrivolous issue.
- The Fifth Circuit independently reviewed counsel’s submission and the relevant portions of the record before agreeing with counsel’s assessment.
- The court dismissed Manama Perez’s appeal as frivolous and released appointed counsel from further responsibilities.
Why It Matters
The unpublished per curiam opinion illustrates the Fifth Circuit’s procedure for resolving an Anders appeal: the court reviews counsel’s assessment and the relevant record, permits withdrawal when it finds no nonfrivolous appellate issue, and may dismiss the appeal under its frivolous-appeal rule.