5th Cir.

United States v. Garcia Brizuela

March 18, 2026 ·25-10408 ·Per Curiam · By James Taylor

The United States Court of Appeals for the Fifth Circuit granted a motion by the Federal Public Defender to withdraw from representing the defendant. The court dismissed the appeal after finding no nonfrivolous issues for appellate review.

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Background

The Federal Public Defender appointed to represent Erik Jeovany Garcia Brizuela moved for leave to withdraw and filed a brief in accordance with Anders v. California and United States v. Flores. The defendant did not file a response to the motion.

The court’s reasoning

The court reviewed counsel’s brief and the relevant portions of the record. It concurred with counsel’s assessment that the appeal presents no nonfrivolous 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.

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