Unreported / Non-Citable
Background
Mark Alan Valles appealed from a criminal case in the U.S. District Court for the Northern District of Texas. The Federal Public Defender was appointed to represent him on appeal.
Appointed counsel moved for leave to withdraw and submitted a brief under Anders v. California and United States v. Flores, indicating that the appeal presented no nonfrivolous issue. Valles 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 concludes that a criminal appeal presents no nonfrivolous issue may seek withdrawal through the Anders procedure.
- The appellate court reviewed the brief and relevant record before agreeing with counsel’s assessment.
- Finding no nonfrivolous appellate issue, the Fifth Circuit permitted counsel to withdraw and dismissed the appeal.
Why It Matters
The unpublished decision illustrates the Fifth Circuit’s handling of an uncontested Anders submission. Counsel’s assessment alone did not end the appeal; the panel conducted its own review before allowing withdrawal and dismissing the case.