The United States Court of Appeals for the Fifth Circuit granted a motion by appointed counsel to withdraw from representing Fermin Mora-Hernandez. The court dismissed the appeal after finding no nonfrivolous issues for appellate review.
Fermin Mora-Hernandez appealed a conviction from the United States District Court for the Eastern District of Texas. Appointed counsel moved to withdraw and filed a brief in accordance with Anders v. California and United States v. Flores, asserting that the appeal presented no nonfrivolous issues.
The court’s reasoning
The court reviewed counsel’s brief and the relevant portions of the record, as well as Mora-Hernandez’s response. The judges 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 proceedings, and the denial of the motion to appoint new counsel prevents the defendant from securing new representation for this appeal.
