The United States Court of Appeals for the Fifth Circuit granted a motion to withdraw counsel and dismissed an appeal filed by Carlos Alix Moreno Olivero. The court found no nonfrivolous issues for appellate review after reviewing the Anders brief filed by the appointed attorney.
Carlos Alix Moreno Olivero appealed a criminal conviction from the United States District Court for the Northern District of Texas. The appointed attorney filed a motion to withdraw and submitted a brief in accordance with Anders v. California, asserting that the appeal presented no nonfrivolous issues. The defendant 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 of judges concurred with the attorney’s assessment that the appeal presented no nonfrivolous issue for appellate review.
What it means going forward
The appointed attorney is excused from further responsibilities, and the appeal is terminated without a decision on the merits of the underlying conviction.
