Background
Luis Alberto Olivarez-Hernandez appealed from a criminal case in the U.S. District Court for the Western District of Texas. The Fifth Circuit considered the matter on its summary calendar.
Olivarez-Hernandez’s appointed attorney moved for leave to withdraw and submitted a brief under Anders v. California and United States v. Flores, representing that the appeal presented no nonfrivolous issue. Olivarez-Hernandez 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 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 portions of the record.
- The panel found no nonfrivolous issue warranting appellate review.
- The court permitted appointed counsel to withdraw and dismissed the appeal.
Why It Matters
The unpublished decision illustrates the Fifth Circuit’s procedure when appointed counsel concludes that a criminal appeal is frivolous. Counsel’s assessment does not itself end the appeal; the court reviews the submission and relevant record before permitting withdrawal and dismissing the case.