The United States Court of Appeals for the Fifth Circuit dismissed an appeal filed by Jose Francisco Hernandez. The court granted the appointed attorney's motion to withdraw after finding no nonfrivolous issues for review.
Jose Francisco Hernandez appealed a conviction from the United States District Court for the Western District of Texas. His appointed attorney moved to withdraw and filed a brief stating that the appeal presented no nonfrivolous issues for review. Hernandez 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 presents no nonfrivolous issue for appellate review.
What it means going forward
The appointed attorney is excused from further responsibilities, and the appeal is dismissed without a decision on the merits of the underlying conviction.
