Background
Manuel Ivan De Luna-Torres 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 concluded that the appeal presented no nonfrivolous issue for review.
Appointed counsel moved for leave to withdraw and filed a brief under Anders v. California and United States v. Flores. De Luna-Torres 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.
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
- An appointed attorney who concludes that a criminal appeal is frivolous may seek withdrawal through the Anders procedure.
- The Fifth Circuit conducted its own review of counsel’s submission and the relevant portions of the record before accepting counsel’s assessment.
- Finding no nonfrivolous appellate issue, the court permitted counsel to withdraw and dismissed the appeal.
Why It Matters
The unpublished decision illustrates the Fifth Circuit’s treatment of an uncontested Anders submission. Withdrawal was granted only after the appellate panel reviewed the pertinent materials and independently determined that no nonfrivolous issue warranted further proceedings.