The United States Court of Appeals for the Fifth Circuit dismissed an appeal after reviewing a motion by appointed counsel to withdraw. The court found that the appeal presented no nonfrivolous issues for appellate review.
Marcus Ryan Posada appealed a criminal conviction from the United States District Court for the Northern District of Texas. Appointed counsel moved to withdraw, filing 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. It concurred with counsel’s assessment that the appeal presented no nonfrivolous issue for appellate review.
What it means going forward
Counsel is excused from further responsibilities, and the appeal is dismissed without addressing the merits of the underlying conviction.
