Unreported / Non-Citable
Background
Rolando Hidalgo appealed from a criminal case in the U.S. District Court for the Northern District of Texas. His appointed attorney moved for leave to withdraw and submitted briefs under Anders v. California and United States v. Flores, representing that the appeal presented no nonfrivolous issue for appellate review.
Hidalgo did not file a response to counsel’s motion or briefs. The Fifth Circuit reviewed counsel’s submissions and the relevant portions of the record identified in them.
The Court’s Holding
The Fifth Circuit agreed with appointed counsel’s assessment that the appeal presented no nonfrivolous issue for appellate review.
The court therefore 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
- An appointed attorney may seek to withdraw when an appellate review conducted under Anders reveals no nonfrivolous issue.
- The Fifth Circuit independently reviewed counsel’s briefs and the relevant portions of the record before agreeing that Hidalgo’s appeal lacked a nonfrivolous issue.
- The court dismissed the appeal as frivolous and released appointed counsel from further responsibility.
Why It Matters
The decision illustrates the Fifth Circuit’s handling of an uncontested Anders submission: the court does not rely solely on counsel’s assessment but reviews the cited portions of the record before permitting withdrawal and dismissing the appeal.