Background
The Federal Public Defender appointed to represent Jose Alberto Rodriguez-Guzman moved for leave to withdraw and filed a brief in accordance with Anders v. California and United States v. Flores. Rodriguez-Guzman did not file a response but executed a written declaration stating he wished to appeal his sentence only.
The court’s reasoning
The court found that any potential challenge to the defendant’s sentence would be moot because he has been released from custody and has no term of supervised release. The court cited Spencer v. Kemna to support this conclusion.
What it means going forward
The appeal is dismissed, and counsel is excused from further responsibilities in the case.
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