April 28, 2026·25-40384·Per Curiam·By James Taylor
The United States Court of Appeals for the Fifth Circuit granted a motion to withdraw counsel and dismissed the appeal. The court found that the appointed attorney properly filed a brief under Anders v. California showing no nonfrivolous issues for review.
Background
Rodolfo Lubiano-Vidales appealed a criminal judgment from the United States District Court for the Eastern District of Texas. His appointed attorney moved to withdraw and filed a brief in accordance with Anders v. California and United States v. Flores, stating the appeal lacked nonfrivolous issues. The defendant did not file a response.
The court’s reasoning
The court reviewed the attorney’s brief and the relevant portions of the record. The panel of judges concurred with counsel’s assessment that the appeal presented no nonfrivolous issue for appellate review.
What it means going forward
The appeal is dismissed, ending the appellate process for this case without a decision on the merits of the underlying conviction.
