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United States v. Aveja

Citation: 492 F. App'x 467Docket: No. 11-10618

Court: Court of Appeals for the Fifth Circuit; November 7, 2012; Federal Appellate Court

Narrative Opinion Summary

The Federal Public Defender for Jose Aveja has requested permission to withdraw from the case and submitted a brief under Anders v. California and United States v. Flores. Aveja did not respond to this request. After reviewing the brief and relevant case records, the court agrees with the defense counsel that there are no nonfrivolous issues for appeal. Consequently, the court grants the motion to withdraw, releases the counsel from further duties, and dismisses the appeal. The court also notes that this opinion is not to be published and does not serve as precedent, except in specific circumstances outlined in the relevant rules.

Legal Issues Addressed

Dismissal of Appeal Due to Lack of Nonfrivolous Issues

Application: After reviewing the case, the court found no nonfrivolous issues warranting appeal, leading to the dismissal of the appeal.

Reasoning: After reviewing the brief and relevant case records, the court agrees with the defense counsel that there are no nonfrivolous issues for appeal.

Non-Publication of Judicial Opinion

Application: The court specified that the opinion will not be published and cannot be used as precedent except under certain specified conditions.

Reasoning: The court also notes that this opinion is not to be published and does not serve as precedent, except in specific circumstances outlined in the relevant rules.

Withdrawal of Counsel under Anders v. California

Application: The court allowed the Federal Public Defender to withdraw after determining that there were no nonfrivolous issues for appeal, in accordance with the guidelines established in Anders v. California.

Reasoning: The Federal Public Defender for Jose Aveja has requested permission to withdraw from the case and submitted a brief under Anders v. California and United States v. Flores.