Background
The defendant, Luis Fernando Letkeman-Hernandez, appealed a judgment from the United States District Court for the Northern District of Texas. Appointed counsel filed a motion to withdraw and submitted a brief in accordance with Anders v. California and United States v. Flores, stating that the appeal lacked nonfrivolous issues. The defendant did not file a response to the motion.
The court’s reasoning
The court reviewed counsel’s brief and the relevant portions of the record. It concurred with counsel’s assessment that the appeal presented no nonfrivolous issue for appellate review. Consequently, the court granted the motion to withdraw and dismissed the appeal pursuant to Fifth Circuit Rule forty-two point two.
What it means going forward
The dismissal ends the appellate proceedings without a decision on the merits of the underlying conviction or sentence. The appointed attorney is no longer responsible for the case.
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