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United States v. Benavidez-Garcia

Citation: 375 F. App'x 405Docket: No. 09-40733

Court: Court of Appeals for the Fifth Circuit; April 20, 2010; Federal Appellate Court

Narrative Opinion Summary

The Federal Public Defender for Jose Homero Benavidez-Garcia has filed a motion to withdraw from representation, accompanied by an Anders brief, indicating that there are no nonfrivolous issues for appeal. Benavidez-Garcia did not respond to this motion. Upon review, the court found no viable grounds for appeal and granted the motion to withdraw. Consequently, the appeal was dismissed. The court specified that this opinion is not to be published and does not serve as precedent, except under specific circumstances outlined in 5th Cir. R. 47.5.4.

Legal Issues Addressed

Court's Review of Anders Brief

Application: The court reviewed the Anders brief and agreed that there were no viable grounds for appeal, thus granting the motion to withdraw.

Reasoning: Upon review, the court found no viable grounds for appeal and granted the motion to withdraw.

Dismissal of Appeal

Application: As a result of the court's acceptance of the Anders brief and motion to withdraw, the appeal was dismissed.

Reasoning: Consequently, the appeal was dismissed.

Non-precedential Nature of Opinion

Application: The court specified that the opinion is not to be published and does not serve as precedent except under certain conditions.

Reasoning: The court specified that this opinion is not to be published and does not serve as precedent, except under specific circumstances outlined in 5th Cir. R. 47.5.4.

Withdrawal of Counsel under Anders v. California

Application: The Federal Public Defender filed a motion to withdraw, accompanied by an Anders brief, asserting the absence of nonfrivolous issues for appeal, which the court accepted.

Reasoning: The Federal Public Defender for Jose Homero Benavidez-Garcia has filed a motion to withdraw from representation, accompanied by an Anders brief, indicating that there are no nonfrivolous issues for appeal.