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United States v. Tovar-Martinez

Citation: 695 F. App'x 825Docket: No. 16-41068 Conference Calendar

Court: Court of Appeals for the Fifth Circuit; August 18, 2017; Federal Appellate Court

Narrative Opinion Summary

The Federal Public Defender for Victor Tovar-Martinez has requested permission to withdraw from the case and submitted an Anders brief, indicating no nonfrivolous issues for appeal. Tovar-Martinez did not respond to this motion. After reviewing the brief and relevant record, the court agrees with the assessment that the appeal lacks merit. Consequently, the motion to withdraw is granted, the counsel is relieved of further duties, and the appeal is dismissed in accordance with 5th Cir. R. 42.2. The court also decided that this opinion will not be published and does not serve as precedent under specific conditions outlined in 5th Cir. R. 47.5.4.

Legal Issues Addressed

Dismissal of Appeal for Lack of Merit

Application: The court agrees with the assessment from the Anders brief that the appeal lacks merit and therefore dismisses it.

Reasoning: After reviewing the brief and relevant record, the court agrees with the assessment that the appeal lacks merit. Consequently, the motion to withdraw is granted, the counsel is relieved of further duties, and the appeal is dismissed in accordance with 5th Cir. R. 42.2.

Non-Precedential Opinions under 5th Cir. R. 47.5.4

Application: The court's decision is designated as non-precedential, meaning it will not be published and does not serve as precedent under specified conditions.

Reasoning: The court also decided that this opinion will not be published and does not serve as precedent under specific conditions outlined in 5th Cir. R. 47.5.4.

Withdrawal of Counsel under Anders Brief

Application: The court grants the Federal Public Defender's request to withdraw from the case after determining that there are no nonfrivolous issues for appeal.

Reasoning: The Federal Public Defender for Victor Tovar-Martinez has requested permission to withdraw from the case and submitted an Anders brief, indicating no nonfrivolous issues for appeal.