Background
Victor Torres appealed from a criminal case in the U.S. District Court for the Northern District of Texas. The Federal Public Defender appointed to represent him concluded that the appeal presented no nonfrivolous issue.
Appointed counsel moved for leave to withdraw and filed a brief under Anders v. California and United States v. Flores. Torres 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.
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 attorney may seek withdrawal through an Anders brief when counsel concludes that a criminal appeal has no nonfrivolous issue.
- The appellate court independently reviewed the brief and relevant record before agreeing with counsel’s assessment.
- The Fifth Circuit dismissed Torres’s appeal and released appointed counsel from further responsibility.
Why It Matters
The decision illustrates the Fifth Circuit’s procedure for resolving a criminal appeal after appointed counsel files an Anders brief. Withdrawal was permitted only after the court conducted its own review and determined that no nonfrivolous appellate issue existed.