Unreported / Non-Citable
Background
Julio Cesar Bruno appealed from a criminal case in the U.S. District Court for the Southern District of Texas. The Federal Public Defender was appointed to represent him on appeal.
Appointed counsel 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), asserting that the appeal presented no nonfrivolous issue. Bruno did not file a response.
The Court’s Holding
The Fifth Circuit independently 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 for leave 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 who concludes that a criminal appeal lacks a nonfrivolous issue may seek withdrawal through the Anders procedure.
- The Fifth Circuit reviewed the brief and relevant record before agreeing that Bruno’s appeal presented no nonfrivolous appellate issue.
- The court permitted counsel to withdraw and dismissed the appeal as frivolous under Fifth Circuit Rule 42.2.
Why It Matters
The decision illustrates the Fifth Circuit’s handling of an uncontested Anders submission: the court conducts its own review of the materials before allowing appointed counsel to withdraw and dismissing the appeal. The unpublished opinion does not address the underlying conviction or sentence on the merits beyond concluding that no nonfrivolous appellate issue existed.