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

United States v. Gordon Nunes

United States v. Gordon Nunes
U.S. Court of Appeals for the Fifth Circuit · Decided July 29, 2011 · King, Jolly, Graves
435 F. App'x 328

United States v. Gordon Nunes

Opinion

PER CURIAM: *

The Federal Public Defender (FPD) appointed to represent Gordon Nunes has moved for leave to withdraw and has filed a brief in accordance with Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967). Nunes has not filed a response. Counsel’s brief fails to comply with United States v. Flores, 632 F.3d 229, 232-33 (5th Cir. 2011), in which we admonished 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 brief in this case fails to address all relevant issues and glosses over omissions in the rearraignment colloquy. Although Flores teaches that such a facially inadequate brief should be dismissed, 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. The FPD 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Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.

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