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 and sought permission to withdraw.
Appointed counsel filed a brief under Anders v. California and United States v. Flores, identifying the relevant portions of the record for the Fifth Circuit’s review. 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 described 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 for leave 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 lacks a nonfrivolous issue may seek withdrawal through the Anders procedure.
- The appellate court reviewed the relevant record before agreeing that Ugarte’s appeal presented no nonfrivolous issue.
- The dismissal ended the appeal and relieved appointed counsel of further responsibility in the matter.
Why It Matters
The unpublished summary-calendar opinion illustrates the Fifth Circuit’s handling of an unopposed Anders motion. Even when a defendant files no response, the court reviews counsel’s submission and the relevant record before permitting withdrawal and dismissing an appeal as frivolous.