Background
Christian Christopher Rodriguez-Lopez appealed a conviction 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 in accordance with Anders v. California and United States v. Flores.
The court’s reasoning
The court reviewed the counsel’s brief and the relevant portions of the record. It found it dispositive that the Government has declined to waive the untimeliness of the appeal. The court cited United States v. Pesina-Rodriguez for the proposition that the government’s refusal to waive untimeliness prevents the appeal from proceeding.
What it means going forward
The appeal is terminated, and the defendant’s counsel is excused from further responsibilities in the case.
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