The United States Court of Appeals for the Fifth Circuit granted a motion to withdraw appointed counsel and dismissed the appeal. The court found that the appointed attorney properly filed an Anders brief asserting the appeal presented no nonfrivolous issues.
Rolando Alberto Vindas Abarca appealed a conviction from the United States District Court for the Eastern District of Texas. Appointed counsel moved to withdraw and filed a brief in accordance with Anders v. California and United States v. Flores, asserting the appeal lacked nonfrivolous issues. The defendant did not file a response.
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
Appointed counsel is excused from further representation, and the appeal is terminated without a decision on the merits of the underlying conviction.
