Unreported / Non-Citable
Background
Yudele Szpaizman-Garcia appealed from a criminal case in the U.S. District Court for the Southern District of Texas. The Fifth Circuit considered the appeal on its summary calendar.
Appointed appellate counsel moved for leave to withdraw and filed a brief under Anders v. California and United States v. Flores, representing that the appeal presented no nonfrivolous issue. Szpaizman-Garcia did not file a response.
The Court’s Holding
The Fifth Circuit independently reviewed counsel’s brief and the relevant portions of the record identified in it. The court agreed with counsel that the appeal presented no nonfrivolous issue for appellate review.
The court granted counsel’s motion to withdraw, excused counsel from further responsibilities in the matter, and dismissed the appeal under Fifth Circuit Rule 42.2.
Key Takeaways
- An appointed lawyer who concludes that a criminal appeal lacks a nonfrivolous issue may seek withdrawal by filing an Anders brief.
- The appellate court reviewed the brief and the relevant portions of the record before agreeing that no nonfrivolous appellate issue existed.
- The Fifth Circuit granted withdrawal and dismissed the appeal rather than deciding any substantive challenge on the merits.
Why It Matters
The disposition illustrates the Fifth Circuit’s procedure for resolving an Anders appeal when appointed counsel identifies no nonfrivolous ground for review and the defendant submits no response.
Because the unpublished opinion identifies no substantive appellate claim, its significance lies primarily in its application of the Anders review process and Fifth Circuit Rule 42.2.