Unreported / Non-Citable
Background
Marcus Ryan Posada appealed his conviction from the United States District Court for the Northern District of Texas (Case No. 4:25-CR-73-2). Following standard appellate procedure, the court appointed counsel to represent Posada on appeal.
Appointed counsel reviewed the trial record and, finding no nonfrivolous issues suitable for appellate review, filed a motion to withdraw in accordance with Anders v. California and Fifth Circuit precedent. Posada did not file a response to counsel’s motion or brief.
The Court’s Holding
The Fifth Circuit granted appellate counsel’s motion to withdraw. After reviewing counsel’s Anders brief and the relevant portions of the trial record, the court agreed that the appeal presented no nonfrivolous issues for appellate review.
Accordingly, the court dismissed the appeal and excused counsel from further responsibilities in the case, consistent with Fifth Circuit Rule 42.2.
Key Takeaways
- Appellate counsel successfully withdrew after demonstrating the absence of nonfrivolous appellate issues.
- The Fifth Circuit affirmed the dismissal of a frivolous appeal under the Anders procedure.
- Posada’s conviction in the district court stands undisturbed on appeal.
Why It Matters
This decision illustrates the routine application of the Anders procedure, which permits appointed counsel to withdraw from frivolous criminal appeals after a searching review of the record. The procedure protects judicial resources while preserving a defendant’s right to meaningful appellate review of legitimate claims.