The United States Court of Appeals for the Fifth Circuit dismissed an appeal after the appointed public defender filed a brief asserting the case presented no nonfrivolous issues. The court granted the motion to withdraw and excused counsel from further responsibilities.
David Dewayne Keelin appealed a judgment from the United States District Court for the Northern District of Texas. The Federal Public Defender appointed to represent him filed a motion for leave to withdraw and submitted a brief in accordance with Anders v. California and United States v. Flores.
The court’s reasoning
The court reviewed the counsel’s brief and the relevant portions of the record. The judges concurred with the assessment that the appeal presented no nonfrivolous issue for appellate review.
What it means going forward
The appeal is terminated, and the defendant is left without appointed appellate counsel unless new counsel is appointed or the defendant proceeds pro se.
