Background
Julio Cesar Bruno appealed from a criminal case in the U.S. District Court for the Southern District of Texas. The Federal Public Defender appointed to represent him concluded that the appeal presented no nonfrivolous issue and moved for leave to withdraw.
Appointed counsel filed a brief under Anders v. California, 386 U.S. 738 (1967), and United States v. Flores, 632 F.3d 229 (5th Cir. 2011). Bruno did not file a response.
The Court’s Holding
After reviewing counsel’s brief and the relevant portions of the record identified in it, the Fifth Circuit agreed with counsel 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
- The Fifth Circuit independently reviewed the Anders submission and the relevant portions of the record.
- The court found no nonfrivolous issue for appellate review.
- Appointed counsel was permitted to withdraw, and Bruno’s appeal was dismissed as frivolous.
Why It Matters
The unpublished decision illustrates the Fifth Circuit’s procedure when appointed criminal defense counsel determines that an appeal lacks any nonfrivolous basis. Counsel must submit an Anders brief, after which the court conducts its own review before permitting withdrawal and dismissing the appeal.