Unreported / Non-Citable
Background
Moises Mendez-Martinez appealed from a criminal case in the U.S. District Court for the Northern District of Texas. The Federal Public Defender appointed to represent him concluded that the appeal presented no nonfrivolous issue for appellate review.
Appointed counsel moved for leave to withdraw and filed a brief under Anders v. California and United States v. Flores. Mendez-Martinez 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 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 case, and dismissed the appeal under Fifth Circuit Rule 42.2.
Key Takeaways
- The Fifth Circuit found no nonfrivolous issue warranting appellate review.
- The court granted appointed counsel leave to withdraw after reviewing the Anders brief and relevant record materials.
- The court dismissed Mendez-Martinez’s appeal under Fifth Circuit Rule 42.2.
Why It Matters
The unpublished decision illustrates the Fifth Circuit’s handling of an Anders appeal: appointed counsel may withdraw only after identifying the appeal as frivolous and the court conducts its own review of the relevant record. Here, that review produced no arguable appellate issue, so the appeal was dismissed.