The United States Court of Appeals for the Fifth Circuit granted a motion by appointed counsel to withdraw from representing the defendant. The court dismissed the appeal after finding no nonfrivolous issues for appellate review.
Thomas James Gomez appealed a conviction from the United States District Court for the Western District of Texas. Appointed counsel moved to withdraw and filed a brief in accordance with Anders v. California and United States v. Flores, stating the appeal presented no nonfrivolous issues. Gomez did not file a response.
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.
What it means going forward
The dismissal ends the appellate process for this defendant, and appointed counsel is no longer responsible for the case.