Unreported / Non-Citable
Background
Maria Del Carmen Hernandez-Mendoza appealed from a criminal case in the U.S. District Court for the Southern District of Texas. The Federal Public Defender appointed to represent her moved for leave to withdraw.
Appointed counsel filed a brief under Anders v. California and United States v. Flores, representing that the appeal presented no nonfrivolous issue for appellate review. Hernandez-Mendoza 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 appellate issue.
The court 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
- The Fifth Circuit independently reviewed the Anders brief and the relevant portions of the record.
- The court found no nonfrivolous issue for appellate review.
- Counsel was permitted to withdraw, and the appeal was dismissed as frivolous under Fifth Circuit Rule 42.2.
Why It Matters
The unpublished decision illustrates the Fifth Circuit’s procedure when appointed criminal-defense counsel concludes that an appeal lacks a nonfrivolous issue. After conducting its own review, the court may allow counsel to withdraw and dismiss the appeal when it agrees that further appellate proceedings would be frivolous.