The United States Court of Appeals for the Fifth Circuit granted a motion to withdraw appointed counsel and dismissed the appeal. The court found that the appointed attorney properly filed an Anders brief asserting the appeal presented no nonfrivolous issues.
Raymond Martin Ramirez, Jr. appealed a judgment from the United States District Court for the Northern District of Texas. Appointed counsel moved to withdraw and filed a brief in accordance with Anders v. California and United States v. Flores, asserting that the appeal lacked nonfrivolous issues. Ramirez did not file a response to the motion.
The court’s reasoning
The court reviewed the attorney’s brief and the relevant portions of the record. The panel 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 a decision on the merits of the underlying conviction.
