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United States v. Robles

United States Court of Appeals for the Fifth Circuit · 2016 · Criminal Procedure
669 F. App'x 726 (2016)
Updated
Criminal ProcedureAnders briefwithdrawal of counselnonfrivolous issueappellate reviewdismissal of appealFifth Circuit Rule 42.2

Facts

Trinidad Robles was represented on appeal by the Federal Public Defender. Appointed counsel moved to withdraw and filed a brief under Anders v. California and United States v. Flores, asserting that the appeal presented no nonfrivolous issue. Robles did not file a response. The court reviewed counsel’s brief and the relevant portions of the record reflected in it.

Issue

After appointed counsel files an Anders brief and seeks to withdraw, should the court permit withdrawal and dismiss the appeal when its own review reveals no nonfrivolous issue for appellate review?

Rule

If appointed counsel files an Anders-compliant brief and the appellate court’s review of the relevant portions of the record shows that the appeal presents no nonfrivolous issue for appellate review, the court may grant counsel leave to withdraw and dismiss the appeal.

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One of 10 multiple-choice questions for this case. Pick an answer to see why.
In a federal criminal appeal from Houston, appointed counsel for Mateo Cruz files a brief stating that, after reviewing the case, counsel can identify no nonfrivolous issue for appeal and asks to withdraw. The court reviews the brief and the relevant portions of the record cited in it, and Mateo files no response.

If the court agrees that the appeal presents no nonfrivolous issue for appellate review, what is the most appropriate disposition?

Explanation. Under the majority opinion, when appointed counsel files an Anders-compliant brief, the court reviews counsel’s submission and the relevant portions of the record, and no nonfrivolous appellate issue appears, the court may grant leave to withdraw, excuse counsel from further responsibilities, and dismiss the appeal.