April 28, 2026·25-30475·Per Curiam·By James Taylor
The United States Court of Appeals for the Fifth Circuit granted a motion by appointed counsel to withdraw from representing the defendant. The court dismissed the appeal after finding no nonfrivolous issues for appellate review.
Background
Jose Omar Vargas-Duque appealed a conviction from the United States District Court for the Eastern District of Louisiana. Appointed counsel moved to withdraw and filed a brief stating the appeal lacked nonfrivolous issues.
The court’s reasoning
The court reviewed the attorney’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
The defendant’s appeal is terminated, and appointed counsel is no longer responsible for the case.