The United States Court of Appeals for the Fifth Circuit dismissed an appeal after appointed counsel filed a motion to withdraw under Anders v. California. The court agreed that the appeal presented no nonfrivolous issues for review.
The defendant appealed a judgment from the United States District Court for the Western District of Texas. Appointed counsel filed a motion to withdraw and submitted a brief asserting that the appeal lacked nonfrivolous issues.
The court’s reasoning
The court reviewed the attorney’s brief and the relevant portions of the record. The judges concurred with counsel’s assessment that the appeal presented no nonfrivolous issue for appellate review.
What it means going forward
The appeal is dismissed, and the appointed attorney is excused from further responsibilities in the case.
