Unreported / Non-Citable
Background
Celso Rivas-Gonzalez 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 and United States v. Flores, representing that the appeal presented no nonfrivolous issue for review.
Rivas-Gonzalez did not file a response to counsel’s motion or Anders brief. The Fifth Circuit considered counsel’s submission and reviewed the relevant portions of the record identified in the brief.
The Court’s Holding
The Fifth Circuit agreed with appointed counsel’s assessment that the appeal presented no nonfrivolous issue for appellate review.
The court therefore granted counsel’s motion for leave 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 concludes that a criminal appeal lacks any nonfrivolous issue may seek withdrawal through the Anders procedure.
- The Fifth Circuit independently reviewed counsel’s brief and the relevant portions of the record before agreeing that the appeal was frivolous.
- The court granted withdrawal, relieved appointed counsel of further duties, and dismissed the appeal.
Why It Matters
The unpublished per curiam opinion illustrates the Fifth Circuit’s handling of an unopposed Anders submission: the court conducts its own review of the materials presented and may dismiss the appeal when it finds no nonfrivolous appellate issue.