5th Cir.

United States v. Diaz, Jr.

April 28, 2026 ·25-11133 ·Per Curiam · By James Taylor

The Fifth Circuit granted an appointed attorney's motion to withdraw and dismissed the defendant's appeal after finding no nonfrivolous issues for review. The court concurred with the attorney's assessment that the case lacked arguable grounds for reversal under the *Anders* standard.

Luis Diaz, Jr., appealed his criminal conviction from the United States District Court for the Northern District of Texas. He was represented by court-appointed counsel who, after reviewing the record, concluded that the appeal lacked any nonfrivolous legal issues. Counsel filed a motion to withdraw and submitted a brief in compliance with the requirements set forth in *Anders v. California* and *United States v. Flores*. Diaz did not file a response to the motion or the brief.

The court applied the standard established in *Anders v. California*, which requires appointed counsel to demonstrate that the appeal is wholly frivolous before withdrawing. The Fifth Circuit reviewed both the attorney's brief and the relevant portions of the record. The court found that the appeal presented no nonfrivolous issues for appellate review. Consequently, the court agreed with counsel's assessment that there were no arguable grounds to challenge the conviction.

The appeal is dismissed, and the defendant is excused from further appellate proceedings. The conviction from the district court remains in effect. This outcome confirms that the attorney was permitted to withdraw without the court needing to address the merits of the case, as no arguable issues were identified.