Unreported / Non-Citable
Background
Luis Guerrero appealed from a criminal case in the U.S. District Court for the Southern District of Texas. The Federal Public Defender appointed to represent him moved for permission to withdraw and filed a brief under Anders v. California and United States v. Flores, indicating that counsel found no nonfrivolous issue for appellate review.
Guerrero did not file a response to counsel’s motion or Anders brief. By the time the Fifth Circuit decided the appeal, Guerrero had completed his sentence.
The Court’s Holding
After reviewing counsel’s brief and the relevant portions of the record identified in it, the Fifth Circuit agreed that the appeal presented no nonfrivolous issue for appellate review. The court granted counsel’s motion to withdraw and excused counsel from further responsibilities in the case.
The court dismissed the appeal in part as frivolous under Fifth Circuit Rule 42.2 and in part as moot because Guerrero had completed his sentence. The unpublished per curiam opinion did not specify which portions of the appeal fell within each ground for dismissal.
Key Takeaways
- An Anders review revealed no nonfrivolous issue for appellate consideration.
- The Fifth Circuit permitted appointed counsel to withdraw and ended counsel’s responsibilities in the appeal.
- The appeal was dismissed partly as frivolous and partly as moot following Guerrero’s completion of his sentence.
Why It Matters
The decision illustrates the Fifth Circuit’s handling of an uncontested Anders submission: the court independently reviewed the issues and relevant record identified by counsel before allowing withdrawal and dismissing the appeal.
It also shows that completion of a sentence may render at least part of a criminal appeal moot, although the opinion did not identify the particular claim or requested relief affected by mootness.