Background
Ignacio Manzo-Cardenas appealed from proceedings in the U.S. District Court for the Northern District of Texas. The Fifth Circuit considered the case on its summary calendar.
Manzo-Cardenas’s appointed attorney moved for leave to withdraw and filed a brief under Anders v. California, representing that the appeal presented no nonfrivolous issue. Manzo-Cardenas did not file a response.
The Court’s Holding
After reviewing counsel’s brief and the relevant portions of the record identified in it, the Fifth Circuit agreed with counsel’s assessment 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 submission and the relevant record before dismissing the appeal.
- The court found no nonfrivolous appellate issue.
- Appointed counsel was permitted to withdraw and was excused from further responsibilities.
Why It Matters
The unpublished per curiam opinion illustrates the Fifth Circuit’s procedure when appointed counsel concludes that a criminal appeal lacks any nonfrivolous issue. Dismissal followed only after the court conducted its own review and agreed with counsel’s assessment.