U.S. Court of Appeals for the Fifth Circuit, 2011

United States v. Jose Bosques-Gutierrez

United States v. Jose Bosques-Gutierrez
U.S. Court of Appeals for the Fifth Circuit · Decided July 15, 2011 · Davis, Per Curiam, Smith, Southwick
433 F. App'x 237

United States v. Jose Bosques-Gutierrez

Opinion

PER CURIAM: *

Counsel appointed to represent Jose Bosques-Gutierrez has moved for leave to withdraw and has filed a brief and supplemental brief in accordance with Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967). Bosques-Gutierrez has not filed a response.

Counsel’s briefs fail to comply with United States v. Flores, 632 F.3d 229, 232-33 (5th Cir. 2011), in which we admonished *238 that an Anders brief should address every applicable item on this court’s Anders checklist, with reference to the facts of the proceedings and citation to the record and relevant legal authority. The briefs fail to address all relevant issues and contain only a cursory examination of the district court’s compliance with Fed.R. Crim.P. 11.

Although Flores teaches that such facially inadequate briefs should not be accepted, we grant the Anders motion in the interest of judicial economy, because it is apparent from the record that this appeal does not involve a nonfrivolous issue. Counsel is directed that future Anders filings should comply with Flores.

Accordingly, counsel’s motion for leave to withdraw is GRANTED, counsel is excused from further responsibilities herein, and the appeal is DISMISSED. See 5th Cir. R. 42.2.

*

Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.