Unreported / Non-Citable
Background
Jose Barberena-Bustos appealed from a criminal case in the U.S. District Court for the Western District of Texas. The Federal Public Defender appointed to represent him moved for leave to withdraw.
Appointed counsel filed a brief under Anders v. California and United States v. Flores, representing that the appeal presented no nonfrivolous issue for appellate review. Barberena-Bustos 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.
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. The per curiam opinion was not designated for publication.
Key Takeaways
- An Anders brief permits appointed counsel to seek withdrawal after concluding that an appeal presents no nonfrivolous issue.
- The Fifth Circuit independently reviewed counsel’s brief and the relevant portions of the record reflected in it.
- Finding no nonfrivolous appellate issue, the court allowed counsel to withdraw and dismissed the appeal.
Why It Matters
The decision illustrates the Fifth Circuit’s treatment of an Anders submission: the court reviews the filing and the relevant record before deciding whether any nonfrivolous issue exists.
Here, that review produced a summary dismissal under Rule 42.2 and ended appointed counsel’s responsibilities in the appeal.