United States v. Belloc — Fifth Circuit dismissed the appeal after finding no nonfrivolous issue

Case
United States of America v. Benjamin Hernandez Belloc
Court
U.S. Court of Appeals for the Fifth Circuit
Judge
Catharina Haynes (George W. Bush, 2008); James E. Graves Jr. (Barack Obama, 2011); Irma Carrillo Ramirez (Joe Biden, 2023)
Date Decided
October 2, 2026
Docket No.
26-50103
Topics
Criminal Appeals; Anders Briefs; Counsel Withdrawal
Source
Read the full opinion

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.

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