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.
Background
The defendant, Erick Garcia-Canales, appealed a conviction from the United States District Court for the Southern 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.
The court’s reasoning
The court reviewed the 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 appeal is terminated, and the defendant loses the opportunity for appellate review of the conviction.
