Unreported / Non-Citable
Background
Manuel Ivan De Luna-Torres 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 concluded that the appeal presented no nonfrivolous issue and moved for leave to withdraw.
Appointed counsel filed a brief under Anders v. California and United States v. Flores, identifying the relevant portions of the record for appellate review. De Luna-Torres did not file a response to counsel’s motion or brief.
The Court’s Holding
The Fifth Circuit independently reviewed counsel’s brief and the relevant portions of the record reflected in it. The court agreed with counsel’s assessment that the appeal presented no nonfrivolous issue for appellate review.
The court therefore 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 any nonfrivolous issue may seek withdrawal through the Anders procedure.
- The appellate court reviewed the filing and relevant record portions before agreeing that no nonfrivolous appellate issue existed.
- The Fifth Circuit granted counsel’s withdrawal request and dismissed De Luna-Torres’s 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 presenting no nonfrivolous issue.
The unpublished summary-calendar opinion does not resolve a new substantive question of criminal law, but it confirms the procedural disposition available when the court concurs with appointed counsel’s assessment of the appeal.