Case Explained: Summary Calendar United States of America Plaintiff— v. Fermin Mora-Hernandez Defendant—

Court: United States Court of Appeals for the Fifth Circuit

Filed: 2026-07-14

The Fifth Circuit granted the appointed attorney’s motion to withdraw and dismissed the appeal after reviewing the Anders brief and the record, concurring with counsel’s assessment that the appeal presents no nonfrivolous issues for appellate review. The court applied the standard established in *Anders v. California* and *United States v. Flores*, which requires counsel to demonstrate that the appeal is wholly frivolous before withdrawing. As a practical consequence, the appellant is excused from further representation by the appointed counsel, the criminal appeal is terminated, and the defendant’s untimely motion to appoint new counsel was denied pursuant to Fifth Circuit Rule 42.2 and *United States v. Wagner*.

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