Unreported / Non-Citable
Background
Jorge Guerrero-Frias 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 leave to withdraw.
Appointed counsel filed a brief under Anders v. California and United States v. Flores, asserting that the appeal presented no nonfrivolous issue for appellate review. Guerrero-Frias 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’s assessment that the appeal presented no nonfrivolous issue for appellate review.
Accordingly, the court granted counsel’s motion to withdraw, excused counsel from further responsibilities in the case, and dismissed the appeal under Fifth Circuit Rule 42.2.
Key Takeaways
- The court independently reviewed the Anders brief and the relevant portions of the record.
- The panel found no nonfrivolous issue warranting appellate review.
- The court permitted appointed counsel to withdraw and dismissed the appeal.
Why It Matters
The decision illustrates the Fifth Circuit’s procedure when appointed counsel concludes that a criminal appeal lacks any nonfrivolous ground. After conducting its own review and reaching the same conclusion, the court may allow counsel to withdraw and dismiss the appeal.