Fifth Circuit Court Cases - Case Law and Opinions from the 5th Circuit Federal Court - Court of Appeals

	ROMINGER LEGAL
		Fifth Circuit Court of Appeals Opinions - 5th Circuit
					Need Legal Help?
					Need Legal Help?
LEGAL RESEARCH CENTER
LEGAL RESEARCH CENTER			LEGAL HEADLINES - CASE LAW - LEGAL FORMS	NOT FINDING WHAT YOU NEED? -CLICK HERE

This opinion or court case is from the Fifth Circuit Court or Appeals. Search our site for more cases - CLICK HERE

LEGAL RESEARCH

COURT REPORTERS

PRIVATE INVESTIGATORS

PROCESS SERVERS

DOCUMENT RETRIEVERS

EXPERT WITNESSES

Find a Private Investigator

Find an Expert Witness

Find a Process Server

Case Law - save on Lexis / WestLaw.

Legal News - Legal Headlines

United States Court of Appeals,
Fifth Circuit.
No. 94-40933
Summary Calendar.
Alfredo HERNANDEZ-RAMOS, Petitioner,
v.
UNITED STATES PAROLE COMMISSION, Respondent.
April 11, 1995.
Petition for Review of Transfer Treaty Determination of the United
States Parole Commission.
Before SMITH, EMILIO M. GARZA and PARKER, Circuit Judges.
ROBERT M. PARKER, Circuit Judge:
Court-appointed counsel for Alfredo Hernandez-Ramos
(Hernandez) has filed a brief of the sort contemplated by Anders v.
California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967),
averring that there are no nonfrivolous issues to assert on appeal,
and moving the Court for permission to withdraw as Hernandez's
counsel. Although Anders was a direct appeal from a criminal
conviction, this Court has utilized the Anders format in a habeas
corpus case. See, Dinkins v. Alabama, 526 F.2d 1268, 1269 (5th
Cir.), cert. denied, 429 U.S. 842, 97 S.Ct. 119, 50 L.Ed.2d 112
(1972). We likewise find that it is appropriate to apply the
principles enunciated in Anders to determine whether counsel should
be allowed to withdraw in a petition for review of Transfer Treaty
Determination of the United States Parole Commission.
Under Anders, a court-appointed attorney may withdraw if he
makes a conscientious examination of the case and finds the appeal
1

wholly frivolous. Anders, 386 U.S. at 744, 87 S.Ct. at 1400. To
comply with Anders, counsel must isolate "possibly important
issues" and "furnish the court with references to the record and
legal authorities to aid it in its appellate function." United
States v. Johnson, 527 F.2d 1328, 1329 (5th Cir.1976). After the
appellant is given an opportunity to respond, the court makes a
full examination of the record to determine whether the case is
frivolous. Anders, 386 U.S. at 744, 87 S.Ct. at 1400.
Counsel here has fully complied with the Anders requirements.
Hernandez, although given the opportunity, did not file a response.
We have independently reviewed the brief and record and found no
nonfrivolous issue. Accordingly, it is ordered that counsel is
excused from further responsibilities herein, and the Petition for
Review of Transfer Treaty Determination is DISMISSED.

2