Background
Rolando Hidalgo appealed from a criminal case in the U.S. District Court for the Northern District of Texas. The Fifth Circuit considered the appeal on its summary calendar.
Hidalgo’s appointed attorney moved for leave to withdraw and filed briefs under Anders v. California and United States v. Flores, representing that the appeal presented no nonfrivolous issue. Hidalgo did not file a response.
The Court’s Holding
The Fifth Circuit independently reviewed counsel’s briefs and the relevant portions of the record identified in them. 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 may seek withdrawal through the Anders procedure when counsel concludes that a criminal appeal presents no nonfrivolous issue.
- The appellate court reviewed the relevant record and independently agreed that Hidalgo’s appeal lacked any nonfrivolous issue.
- The court permitted counsel to withdraw and dismissed the appeal as frivolous.
Why It Matters
The decision illustrates the Fifth Circuit’s handling of an unopposed Anders submission. Counsel’s assessment alone did not end the appeal; the court reviewed the briefs and relevant record before concluding that no nonfrivolous appellate issue existed.