The United States Court of Appeals for the Fifth Circuit dismissed an appeal after the appointed Federal Public Defender filed a motion to withdraw under Anders v. California. The court found no nonfrivolous issues for appellate review in the case.
Kevin Hernandez-Salazar appealed a judgment from the United States District Court for the Southern District of Texas. The Federal Public Defender appointed to represent him moved for leave to withdraw and filed a brief asserting that the appeal presented no nonfrivolous issues. The defendant did not file a response to the motion.
The court’s reasoning
The court reviewed the counsel’s brief and the relevant portions of the record. It concurred with the assessment that the appeal presented no nonfrivolous issue for appellate review. Consequently, the court granted the motion to withdraw and dismissed the appeal.
What it means going forward
The appeal is terminated, and the appointed counsel is excused from further responsibilities in the case.
