5th Cir.

United States v. Negron-Cardona

April 28, 2026 ·25-11031 ·Per Curiam · By James Taylor

The Fifth Circuit granted the Federal Public Defender's motion to withdraw from representing Jose Negron-Cardona after reviewing the case record. The court dismissed the appeal, finding no nonfrivolous issues for appellate review under the standard set in Anders v. California.

Jose Negron-Cardona appealed a criminal conviction from the United States District Court for the Northern District of Texas. The Federal Public Defender, appointed to represent him, filed a motion to withdraw from the case. This motion was accompanied by a brief adhering to the requirements established in Anders v. California, which mandates that appointed counsel must review the record to ensure there are no nonfrivolous issues to raise before withdrawing. Negron-Cardona did not file a response to this motion. The Fifth Circuit then reviewed the counsel's brief and the relevant portions of the record to determine if the appeal had any merit.

The court applied the standard set forth in Anders v. California and United States v. Flores. Under this framework, appointed counsel must conduct a thorough review of the record to identify any arguable issues. If counsel concludes that the appeal is wholly frivolous, they must file a brief explaining why no nonfrivolous issues exist. The court concurred with the Federal Public Defender's assessment that the appeal presented no nonfrivolous issues for appellate review. Because the court found no merit in the appeal, it granted the motion for leave to withdraw and excused counsel from further responsibilities. The court noted that Negron-Cardona had not filed a response, but the court's independent review of the record supported the conclusion that the appeal was frivolous.

The appeal is dismissed, and the criminal conviction from the district court remains in effect. The Federal Public Defender is no longer responsible for representing Negron-Cardona in this matter. This outcome underscores the procedural mechanism by which frivolous appeals are terminated without a full merits analysis, ensuring that court resources are not spent on appeals lacking legal basis.