Background
Mario Alberto Almanzan-Mata was prosecuted in the Southern District of Texas (USDC No. 7:25-CR-1756-1) and appealed his case to the Fifth Circuit. The Federal Public Defender’s office was appointed to represent him on appeal.
After reviewing the record, appointed counsel concluded there were no nonfrivolous grounds for appeal. Counsel accordingly filed an Anders brief — a procedure established by the Supreme Court in Anders v. California, 386 U.S. 738 (1967), and governed in the Fifth Circuit by United States v. Flores, 632 F.3d 229 (5th Cir. 2011) — and simultaneously moved to withdraw from representation. Almanzan-Mata did not file a pro se response.
The Court’s Holding
A per curiam panel of Judges Richman, Southwick, and Willett independently reviewed counsel’s Anders brief and the relevant portions of the record. The court agreed with appointed counsel’s assessment that the appeal presented no nonfrivolous issue for appellate review.
The court granted counsel’s motion to withdraw, excused counsel from further responsibilities, and dismissed the appeal pursuant to Fifth Circuit Rule 42.2.
Key Takeaways
- The Fifth Circuit concurred with defense counsel that no nonfrivolous appellate issue existed, satisfying the court’s independent-review obligation under Anders.
- Almanzan-Mata did not exercise his right to file a pro se response to the Anders brief, leaving counsel’s assessment unchallenged.
- The appeal was dismissed under 5th Cir. R. 42.2 after appointed counsel was granted leave to withdraw.
Why It Matters
This unpublished summary calendar disposition illustrates the standard Anders procedure in the Fifth Circuit: when appointed counsel conscientiously determines that an appeal is wholly frivolous, the court conducts its own review of the record and, if it agrees, simultaneously relieves counsel and dismisses the appeal. The outcome provides no new legal precedent but reflects the court’s routine application of its obligation to independently scrutinize the record before accepting an Anders concession.