Background
Luis Garza-Gomez appealed from a criminal case in the U.S. District Court for the Western District of Texas. The Federal Public Defender appointed to represent him 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.
Garza-Gomez did not file a response to appointed counsel’s motion or brief. The Fifth Circuit reviewed counsel’s submission and the relevant portions of the appellate record identified in it.
The Court’s Holding
The Fifth Circuit concurred with counsel’s assessment that the appeal presented no nonfrivolous issue for appellate review. The court therefore granted counsel’s motion for leave to withdraw and excused counsel from further responsibilities in the matter.
The court dismissed the appeal under Fifth Circuit Rule 42.2. The per curiam opinion was issued on the summary calendar and was not designated for publication.
Key Takeaways
- An appointed Federal Public Defender may seek withdrawal by filing an Anders brief when counsel concludes that an appeal presents no nonfrivolous issue.
- The Fifth Circuit independently reviewed the brief and the relevant record portions before agreeing with counsel’s assessment.
- The court granted withdrawal and dismissed Garza-Gomez’s appeal as presenting no nonfrivolous appellate issue.
Why It Matters
The decision illustrates the Fifth Circuit’s procedure for resolving a criminal appeal after appointed counsel submits an Anders brief. Counsel’s assessment did not itself end the case; the panel reviewed the identified portions of the record before permitting withdrawal and dismissing the appeal.