Unreported / Non-Citable
Background
Yordi Alderete appealed from a criminal case in the U.S. District Court for the Northern District of Texas.
Alderete’s appointed attorney moved to withdraw and filed a brief under Anders v. California and United States v. Flores, indicating that the appeal presented no nonfrivolous issue. Alderete did not file a response.
The Court’s Holding
The Fifth Circuit independently reviewed counsel’s brief and the relevant portions of the record. The court agreed with counsel that the 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 the attorney concludes that an appeal presents no nonfrivolous issue.
- The appellate court reviewed the brief and relevant record before accepting counsel’s assessment.
- Because the court found no nonfrivolous appellate issue, it permitted counsel to withdraw and dismissed the appeal.
Why It Matters
The unpublished decision illustrates the Fifth Circuit’s handling of an unopposed Anders motion on its summary calendar. Counsel’s assessment alone did not end the matter; the court conducted its own review before dismissing the appeal.