Unreported / Non-Citable
Background
Jairo Alberto Cruz-Ventura appealed from a criminal case in the U.S. District Court for the Western District of Texas.
His appointed appellate 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. Cruz-Ventura 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 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 matter, and dismissed the appeal under Fifth Circuit Rule 42.2.
Key Takeaways
- An appointed attorney who concludes that a criminal appeal presents no nonfrivolous issue may seek withdrawal through the Anders procedure.
- The Fifth Circuit independently reviewed counsel’s submission and the relevant portions of the record before accepting counsel’s assessment.
- The court dismissed the appeal and released appointed counsel from further responsibilities.
Why It Matters
The unpublished decision illustrates the Fifth Circuit’s handling of an unopposed Anders submission: the court conducts its own review of the materials before permitting counsel to withdraw and dismissing an appeal as frivolous.