Unreported / Non-Citable
Background
Martin Adam Ugarte 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 submitted a brief under Anders v. California and United States v. Flores. Ugarte 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’s assessment 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 may seek withdrawal through the Anders procedure when counsel concludes that an appeal presents no nonfrivolous issue.
- The appellate court reviewed the brief and relevant record portions before accepting counsel’s assessment.
- Finding no nonfrivolous appellate issue, the Fifth Circuit permitted withdrawal and dismissed Ugarte’s appeal.
Why It Matters
The unpublished decision illustrates the Fifth Circuit’s handling of an Anders submission: the court conducts its own review before allowing appointed counsel to withdraw and dismissing an appeal as frivolous.