The United States Court of Appeals for the Fifth Circuit granted a motion by appointed counsel to withdraw from representing the defendant. The court dismissed the appeal after finding no non-frivolous issues for review.
David Rodriguez Gomez, Jr. appealed a judgment from the United States District Court for the Northern District of Texas. The Federal Public Defender appointed to represent him moved to withdraw and filed a brief pursuant to Anders v. California and United States v. Flores.
The court’s reasoning
The court reviewed counsel’s brief and relevant portions of the record. It concurred with counsel’s assessment that the appeal presented no non-frivolous issue for appellate review.
What it means going forward
Counsel is excused from further responsibilities, and the appeal is dismissed without a decision on the merits of the underlying conviction.
