The Fifth Circuit granted a motion to withdraw filed by appointed counsel under Anders v. California, finding no non-frivolous issues for appeal. The court also remanded the case to correct a clerical error regarding the end date of the defendant's offense in the district court judgment.
The Federal Public Defender appointed to represent Larry Simmons moved to withdraw and filed a brief pursuant to Anders v. California. The defendant did not file a response to the motion.
The court’s reasoning
The court reviewed the counsel’s brief and relevant portions of the record, concurring with the assessment that the appeal presents no non-frivolous issue for appellate review. The court also identified a clerical error on the first page of the judgment concerning the date that the defendant’s offense ended.
What it means going forward
Appointed counsel is excused from further responsibilities, the appeal is dismissed, and the district court must enter a corrected written judgment under Federal Rule of Criminal Procedure thirty-six.
