Background
Celso Rivas-Gonzalez appealed from a criminal proceeding in the U.S. District Court for the Western District of Texas. The Fifth Circuit considered the case on its summary calendar.
Rivas-Gonzalez’s 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. Rivas-Gonzalez did not file a response.
The Court’s Holding
The Fifth Circuit independently reviewed counsel’s brief and the relevant portions of the record identified in it. The court agreed with counsel’s assessment that the appeal presented no nonfrivolous issue for appellate review.
Accordingly, 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 by filing an Anders brief when counsel concludes that a criminal appeal presents no nonfrivolous issue.
- The appellate court reviews counsel’s submission and the relevant record before deciding whether the appeal lacks a nonfrivolous issue.
- Finding no such issue here, the Fifth Circuit permitted counsel to withdraw and dismissed the appeal.
Why It Matters
The unpublished per curiam opinion illustrates the Fifth Circuit’s procedure for resolving an Anders appeal. Counsel’s assessment alone did not dispose of the case; the panel conducted its own review before allowing withdrawal and dismissing the appeal.