Background
Maria Del Carmen Hernandez-Mendoza appealed from a criminal proceeding in the U.S. District Court for the Southern District of Texas, Case No. 4:20-CR-687-1.
Her appointed Federal Public Defender moved for leave to withdraw and submitted a brief under Anders v. California, 386 U.S. 738 (1967), and United States v. Flores, 632 F.3d 229 (5th Cir. 2011), indicating that the appeal presented no nonfrivolous issue. Hernandez-Mendoza 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 there was no nonfrivolous issue for appellate review.
Accordingly, the court 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 lawyer who concludes that a criminal appeal is frivolous may seek withdrawal by filing an Anders brief.
- The appellate court independently reviewed the identified portions of the record before agreeing that no nonfrivolous appellate issue existed.
- The court permitted counsel to withdraw and dismissed the appeal under Fifth Circuit Rule 42.2.
Why It Matters
The unpublished summary-calendar decision illustrates the Fifth Circuit’s procedure for resolving an appeal after appointed counsel files an Anders brief. Withdrawal and dismissal followed only after the panel conducted its own review and agreed that the appeal presented no nonfrivolous issue.