Background
Benjamin Hernandez Belloc appealed from a criminal case in the U.S. District Court for the Western District of Texas. The opinion does not describe his conviction, sentence, or the potential appellate issues.
Belloc’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. Belloc did not file a response.
The Court’s Holding
The Fifth Circuit reviewed counsel’s brief and the relevant portions of the record identified in it. The court agreed with counsel 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 matter, and dismissed the appeal under Fifth Circuit Rule 42.2.
Key Takeaways
- An appointed attorney may seek withdrawal through an Anders brief when counsel concludes that a criminal appeal presents no nonfrivolous issue.
- The court independently reviewed counsel’s brief and the relevant record before agreeing with counsel’s assessment.
- The court permitted counsel to withdraw and dismissed Belloc’s appeal as frivolous under Fifth Circuit Rule 42.2.
Why It Matters
The decision illustrates the Fifth Circuit’s procedure for resolving an unopposed 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.