Unreported / Non-Citable
Background
Victor Torres appealed from a criminal case in the U.S. District Court for the Northern District of Texas. The Federal Public Defender appointed to represent him concluded that the appeal presented no nonfrivolous issue.
Appointed counsel moved for leave to withdraw and filed a brief under Anders v. California and United States v. Flores. Torres 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 case, and dismissed the appeal under Fifth Circuit Rule 42.2.
Key Takeaways
- An appointed attorney who determines that a criminal appeal is frivolous may seek withdrawal through the Anders procedure.
- The Fifth Circuit reviewed the submission and relevant record before agreeing that no nonfrivolous appellate issue existed.
- The court dismissed Torres’s appeal and relieved appointed counsel of further responsibilities.
Why It Matters
The decision illustrates the Fifth Circuit’s handling of an Anders appeal: counsel’s assessment alone does not end the case, because the appellate court must conduct its own review for potentially nonfrivolous issues.
After finding none, the court permitted counsel to withdraw and dismissed the appeal rather than proceeding to merits briefing.