The United States Court of Appeals for the Fifth Circuit granted a motion by appointed counsel to withdraw from representing the defendant. The court dismissed the appeal after finding no nonfrivolous issues for review.
The defendant, Jorge Leon-Utrera, appealed a judgment from the United States District Court for the Western District of Texas. Appointed counsel filed a motion to withdraw and submitted a brief stating 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 the assessment that the appeal presented no nonfrivolous issue for appellate review.
What it means going forward
Counsel is excused from further responsibilities, and the appeal is terminated without a decision on the merits.
