April 27, 2026·25-20332·Per Curiam·By James Taylor
The Fifth Circuit granted a motion to withdraw filed by appointed counsel who argued the appeal presented no non-frivolous issues. The court dismissed the appeal after reviewing the Anders brief and finding no meritorious grounds for review.
Background
Jairo Omar Martinez appealed a conviction from the United States District Court for the Southern District of Texas. Appointed counsel moved to withdraw, filing a brief pursuant to Anders v. California and United States v. Flores, asserting the appeal lacked non-frivolous issues. Martinez did not file a response.
The court’s reasoning
The court reviewed the attorney’s brief and relevant portions of the record. It concurred with counsel’s assessment that the appeal presented no non-frivolous issue for appellate review.
What it means going forward
The dismissal terminates the appeal and relieves appointed counsel of further duties in the case.
