Unreported / Non-Citable
Background
Thomas James Gomez was convicted in the Western District of Texas (USDC No. 6:23-CR-182-5) and appealed his case to the Fifth Circuit. Gomez was represented on appeal by court-appointed counsel.
After reviewing the record, appointed counsel concluded there were no nonfrivolous grounds for appeal. Counsel accordingly filed a brief pursuant to Anders v. California, 386 U.S. 738 (1967), and United States v. Flores, 632 F.3d 229 (5th Cir. 2011), and simultaneously moved to withdraw from representation. Gomez did not file a pro se response to counsel’s Anders brief.
The Court’s Holding
A three-judge panel consisting of Circuit Judges Richman, Southwick, and Willett reviewed counsel’s brief and the relevant portions of the record. The court agreed with appointed counsel’s assessment that the appeal presented no nonfrivolous issue warranting 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
- Under the Anders procedure, appointed counsel who finds no nonfrivolous appellate issues may seek to withdraw by filing a brief identifying the absence of meritorious arguments; the court then independently reviews the record.
- The Fifth Circuit’s independent review concurred with counsel’s conclusion, finding no arguable basis for appeal.
- Because Gomez did not file a pro se response, the court had only counsel’s brief and the record to consider before dismissing.
Why It Matters
This decision is a routine application of the Anders framework, which balances a criminal defendant’s constitutional right to appellate counsel against the court’s interest in not adjudicating wholly frivolous appeals. When appointed counsel conscientiously reviews the record and certifies the absence of nonfrivolous issues — and the court independently agrees — withdrawal is proper and the appeal is dismissed.
For practitioners, the case is a reminder that the Anders procedure provides a structured off-ramp for appointed counsel in the Fifth Circuit, governed by Anders v. California and the circuit’s own Flores standard, and that a defendant’s failure to file a pro se response leaves the court with no additional arguable issues to evaluate.