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United States v. Ramirez-De Leon

Citation: 367 F. App'x 505Docket: No. 09-40581

Court: Court of Appeals for the Fifth Circuit; February 11, 2010; Federal Appellate Court

Narrative Opinion Summary

The Federal Public Defender representing Jose Martin Ramirez-De Leon filed a motion to withdraw and submitted a brief pursuant to Anders v. California, indicating there are no nonfrivolous issues for appeal. Ramirez did not respond. After an independent review of the record and counsel's brief, the court found no viable issues for appeal. Consequently, the motion to withdraw is granted, counsel is relieved of further responsibility, and the appeal is dismissed. The court also decided that this opinion shall not be published and is not to be considered precedent, except in specific limited circumstances.

Legal Issues Addressed

Dismissal of Appeal

Application: Since no viable issues for appeal were found, the court dismissed the appeal.

Reasoning: Consequently, the motion to withdraw is granted, counsel is relieved of further responsibility, and the appeal is dismissed.

Independent Review of the Record

Application: The court conducted an independent review of the record and counsel’s brief, which is required to ensure there are truly no viable issues for appeal.

Reasoning: After an independent review of the record and counsel's brief, the court found no viable issues for appeal.

Motion to Withdraw under Anders v. California

Application: The Federal Public Defender filed a motion to withdraw, indicating no nonfrivolous issues for appeal were present, which is consistent with the procedure outlined in Anders v. California.

Reasoning: The Federal Public Defender representing Jose Martin Ramirez-De Leon filed a motion to withdraw and submitted a brief pursuant to Anders v. California, indicating there are no nonfrivolous issues for appeal.

Unpublished Opinion and Precedential Value

Application: The court decided that this opinion shall not be published and is not to be considered precedent, except in specific limited circumstances, adhering to rules regarding unpublished opinions.

Reasoning: The court also decided that this opinion shall not be published and is not to be considered precedent, except in specific limited circumstances.