The United States Court of Appeals for the Fifth Circuit dismissed an appeal after appointed counsel filed a brief asserting no nonfrivolous issues existed. The court granted the motion to withdraw and denied the defendant's request to proceed pro se.
Michael Anthony Cardiel appealed a judgment from the United States District Court for the Western District of Texas. Appointed counsel 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 counsel’s brief and the relevant portions of the record. The court concurred with counsel’s assessment that the appeal presented no nonfrivolous issue for appellate review.
What it means going forward
The appeal is dismissed, and appointed counsel is excused from further responsibilities. The defendant is denied leave to proceed pro se.
