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 review.
The Federal Public Defender appointed to represent Luis Ausencio Herrera-Gardea 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 the 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 reaching the merits of the case.
