Background
Luis Francisco Alarcon-Sanchez appealed from a criminal proceeding in the U.S. District Court for the Western District of Texas. His appointed appellate 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 grounds for review.
Alarcon-Sanchez did not file a response to counsel’s motion or Anders 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 agreed with appointed 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 case.
The court dismissed the appeal under Fifth Circuit Rule 42.2. The per curiam opinion was not designated for publication.
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 Fifth Circuit independently reviewed counsel’s brief and the relevant portions of the record before accepting that assessment.
- Finding no nonfrivolous appellate issue, the court permitted counsel to withdraw and dismissed the appeal under Fifth Circuit Rule 42.2.
Why It Matters
The decision illustrates the Fifth Circuit’s disposition of a criminal appeal following an Anders submission: the court conducts its own review of the materials before it, determines whether any nonfrivolous issue exists, and may then allow appointed counsel to withdraw and dismiss the appeal.