Unreported / Non-Citable
Background
Adam Lee Arredondo appealed from a criminal proceeding in the U.S. District Court for the Northern District of Texas. The Fifth Circuit considered the appeal on its summary calendar.
Arredondo’s appointed 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. Arredondo did not file a response.
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.
Accordingly, the court granted counsel’s motion to withdraw, excused counsel from further responsibilities in the matter, and dismissed the appeal under Fifth Circuit Rule 42.2.
Key Takeaways
- Appointed counsel followed the Anders procedure by seeking withdrawal and submitting a brief addressing the appeal.
- Arredondo filed no response to counsel’s submission.
- After independently reviewing the identified portions of the record, the Fifth Circuit found no nonfrivolous appellate issue and dismissed the appeal.
Why It Matters
The decision illustrates the Fifth Circuit’s handling of an uncontested Anders submission: the court conducts its own review before permitting appointed counsel to withdraw and dismissing an appeal as frivolous.
The opinion is unpublished and resolves only the viability of Arredondo’s appeal; it does not address the merits of any substantive legal claim.