Background
Angel Renee Sanchez appealed from a criminal case in the U.S. District Court for the Western District of Texas. The Fifth Circuit considered the appeal on its summary calendar.
Sanchez’s appointed attorney moved for leave to withdraw and filed briefs under Anders v. California and United States v. Flores, representing that the appeal presented no nonfrivolous issue. Sanchez did not file a response.
The Court’s Holding
After reviewing counsel’s briefs and the relevant portions of the record identified in them, the Fifth Circuit agreed with counsel that the appeal presented no nonfrivolous issue for appellate review.
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
- The Fifth Circuit independently reviewed the Anders submissions and the relevant portions of the record.
- The court found no nonfrivolous issue warranting appellate review.
- The court permitted appointed counsel to withdraw and dismissed Sanchez’s appeal.
Why It Matters
The decision illustrates the Fifth Circuit’s handling of an Anders appeal when appointed counsel identifies no nonfrivolous appellate issue and the defendant files no response. The court still reviewed the submitted materials before allowing counsel to withdraw and dismissing the appeal.