5th Cir.

United States v. Valentine

April 27, 2026 ·25-11186 ·Per Curiam · By James Taylor

The Fifth Circuit granted the Federal Public Defender's motion to withdraw from representing Willie Ray Valentine, finding no nonfrivolous issues for appellate review. The court dismissed the appeal pursuant to Fifth Circuit Rule 42.2 after a thorough examination of the record.

Willie Ray Valentine, the defendant-appellant, was originally convicted in the United States District Court for the Northern District of Texas (Case No. 3:13-CR-340-1). Following his conviction, he appealed to the Fifth Circuit. The Federal Public Defender was appointed to represent him on appeal. After conducting a review of the trial record, the appointed counsel filed a motion to withdraw, asserting that the appeal presented no nonfrivolous issues for review. This procedural posture is governed by the Supreme Court's decision in Anders v. California, which requires appointed counsel to file a brief identifying any arguable issues before withdrawing if they believe the appeal is frivolous. Valentine did not file a response to the motion.

The panel of three judges—Wiener, Willett, and Wilson—issued a per curiam opinion addressing the motion to withdraw. The court's reasoning centered on the procedural requirements established in Anders v. California and the Fifth Circuit's specific rule, United States v. Flores. The court reviewed the Federal Public Defender's brief and the relevant portions of the record. After this examination, the court concurred with counsel's assessment that the appeal presented no nonfrivolous issue for appellate review. The court found that the counsel had properly identified a lack of arguable claims following a thorough record examination. Consequently, the court determined that the statutory and ethical obligations of counsel were satisfied by the Anders brief, allowing the court to proceed with the withdrawal and dismissal without requiring a full merits briefing from the appellant.

The immediate effect of this decision is the termination of the appellate proceedings for Willie Ray Valentine. The Federal Public Defender is excused from further responsibilities, and the appeal is dismissed. This outcome means the district court's conviction and sentence remain in effect without further appellate review. The dismissal under Rule 42.2 does not address the substantive merits of any potential defense arguments, as the court found none to be nonfrivolous. There are no remand instructions, as the case is closed at the appellate level.