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United States v. Mares-Cerrillo

Citation: 324 F. App'x 436Docket: No. 08-41067

Court: Court of Appeals for the Fifth Circuit; May 13, 2009; Federal Appellate Court

Narrative Opinion Summary

The Federal Public Defender for Jose de Jesus Mares-Cerrillo has requested permission to withdraw from representation and submitted a brief in accordance with Anders v. California. Mares-Cerrillo did not respond to this motion. Upon independent review of the record and the brief, the court found no nonfrivolous issues for appeal. Consequently, the court granted the motion to withdraw, excused counsel from further responsibilities, and dismissed the appeal. The court also determined that the opinion should not be published and does not serve as precedent except in specific circumstances outlined in 5th Cir. R. 47.5.4.

Legal Issues Addressed

Court's Independent Review for Nonfrivolous Issues

Application: The court conducted its own review of the record and the brief to ensure there were no nonfrivolous issues for appeal before approving the withdrawal of counsel.

Reasoning: Upon independent review of the record and the brief, the court found no nonfrivolous issues for appeal.

Dismissal of Appeal

Application: After confirming the absence of nonfrivolous issues, the court dismissed the appeal and excused the counsel from further responsibilities.

Reasoning: Consequently, the court granted the motion to withdraw, excused counsel from further responsibilities, and dismissed the appeal.

Unpublished Opinions and Precedent

Application: The court decided that the opinion should not be published and clarified its non-precedential status except as provided under specific court rules.

Reasoning: The court also determined that the opinion should not be published and does not serve as precedent except in specific circumstances outlined in 5th Cir. R. 47.5.4.

Withdrawal of Counsel under Anders v. California

Application: The Federal Public Defender sought withdrawal from representation after determining there were no nonfrivolous issues for appeal, and the court granted this request.

Reasoning: The Federal Public Defender for Jose de Jesus Mares-Cerrillo has requested permission to withdraw from representation and submitted a brief in accordance with Anders v. California.