Unreported / Non-Citable
Background
Angel Renee Sanchez appealed from a criminal case in the U.S. District Court for the Western District of Texas. Her appointed appellate attorney moved for leave to withdraw and filed briefs under Anders v. California and United States v. Flores, representing that the appeal presented no nonfrivolous issue for review.
Sanchez did not file a response to counsel’s submissions. The Fifth Circuit considered the matter on its summary calendar and reviewed counsel’s briefs and the relevant portions of the record identified in them.
The Court’s Holding
In an unpublished per curiam opinion, the Fifth Circuit agreed with appointed counsel that the appeal presented no nonfrivolous issue for appellate review.
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 submissions and the relevant portions of the record.
- The court found no nonfrivolous issue warranting appellate review.
- The court permitted appointed counsel to withdraw and dismissed Sanchez’s appeal.
Why It Matters
The decision illustrates the Fifth Circuit’s procedure when appointed counsel concludes that a criminal appeal is frivolous and submits an Anders brief. Counsel’s assessment does not itself end the appeal; the court reviews the submission and relevant record before deciding whether any nonfrivolous appellate issue exists.
Here, that review produced no arguable basis for further appellate proceedings, resulting in both counsel’s withdrawal and dismissal of the appeal.