Unreported / Non-Citable
Background
Justin Lee Dominguez appealed from a criminal case in the U.S. District Court for the Northern District of Texas. The Fifth Circuit considered the appeal on its summary calendar.
Dominguez’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. Dominguez did not file a response.
The Court’s Holding
After reviewing counsel’s brief and the relevant portions of the record identified in it, the Fifth Circuit 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
- The Fifth Circuit independently reviewed the Anders brief and the relevant portions of the record.
- The court found no nonfrivolous appellate issue.
- The court permitted appointed counsel to withdraw and dismissed the appeal.
Why It Matters
The decision illustrates the Fifth Circuit’s handling of an Anders appeal when appointed counsel identifies no nonfrivolous issue and the defendant files no response. The court still reviewed the identified portions of the record before allowing withdrawal and dismissing the appeal.