Background
Fermin Hernandez-Mora appealed a conviction from the United States District Court for the Eastern District of Texas. Appointed counsel filed a brief in accordance with Anders v. California and United States v. Flores, moving to withdraw and asserting the appeal was frivolous. The defendant filed a response to the motion.
The court’s reasoning
The court reviewed the attorney’s brief and the relevant portions of the record, as well as the defendant’s response. The judges concurred with counsel’s assessment that the appeal presented no nonfrivolous issue for appellate review. The court also found the defendant’s motion to appoint new counsel was untimely under United States v. Wagner.
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.