Background
The defendant appealed a criminal judgment from the United States District Court for the Eastern District of Texas. Appointed counsel filed a motion to withdraw and submitted a brief in accordance with Anders v. California and United States v. Flores, 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 judges concurred with the assessment that the appeal presented no nonfrivolous issue for appellate review. Consequently, the court granted the motion to withdraw and dismissed the appeal pursuant to Fifth Circuit Rule forty-two point two.
What it means going forward
The appeal is terminated, and the appointed attorney is relieved of further duties in the case.
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