Unreported / Non-Citable
Background
Isidoso Aguirre-Gallegos appealed from a criminal case in the U.S. District Court for the Southern District of Texas. The opinion does not describe his conviction, sentence, or the potential appellate issues.
His 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), representing that the appeal presented no nonfrivolous issue. Aguirre-Gallegos did not respond.
The Court’s Holding
The Fifth Circuit 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.
The court therefore 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 by filing an Anders brief when counsel concludes that an appeal presents no nonfrivolous issue.
- The Fifth Circuit independently reviewed the brief and relevant record portions and agreed that no nonfrivolous appellate issue existed.
- The court permitted counsel to withdraw and dismissed the appeal as frivolous under Fifth Circuit Rule 42.2.
Why It Matters
The unpublished, summary-calendar decision illustrates the Fifth Circuit’s handling of an uncontested Anders submission. Even when the defendant does not respond, the court reviews counsel’s filing and the relevant record before deciding whether the appeal lacks any nonfrivolous issue.