Background
Kenny Anderson Manama Perez appealed from a criminal case in the U.S. District Court for the Northern District of Texas.
His appointed attorney moved for leave to withdraw and filed a brief under Anders v. California and United States v. Flores, representing that the appeal presented no nonfrivolous issue for review. Manama Perez did not file a response.
The Court’s Holding
The Fifth Circuit 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 matter, and dismissed the appeal under Fifth Circuit Rule 42.2.
Key Takeaways
- The panel independently reviewed the Anders brief and the relevant portions of the record.
- The court found no nonfrivolous issue for appellate review.
- The court permitted appointed counsel to withdraw and dismissed the appeal.
Why It Matters
The decision illustrates the Fifth Circuit’s disposition of a criminal appeal after appointed counsel submits an Anders brief and the court’s own review confirms that no nonfrivolous appellate issue exists.