Background
Justin Lee Dominguez appealed from a criminal proceeding in the U.S. District Court for the Northern District of Texas. The Fifth Circuit considered the matter on its summary calendar.
Dominguez’s 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 issue. Dominguez did not file a response.
The Court’s Holding
The Fifth Circuit independently reviewed counsel’s brief and the relevant portions of the record identified in it. The court agreed with counsel’s assessment that the appeal presented no nonfrivolous issue for appellate review.
The court therefore granted counsel’s motion to withdraw, excused counsel from further responsibilities in the case, 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 an appeal presents no nonfrivolous issue.
- The appellate court independently reviewed the relevant record before agreeing with counsel’s assessment.
- The Fifth Circuit granted withdrawal and dismissed the appeal after finding no nonfrivolous appellate issue.
Why It Matters
The decision illustrates the Fifth Circuit’s procedure for resolving an Anders appeal: counsel’s assessment alone does not end the case, because the court must conduct its own review of the relevant record.
Where that review reveals no nonfrivolous issue, the court may permit appointed counsel to withdraw and dismiss the appeal.