The United States Court of Appeals for the Fifth Circuit granted a motion for leave to withdraw filed by appointed counsel. The court dismissed the appeal because the record was insufficient to evaluate claims of ineffective assistance of counsel.
John W. Mouton appealed a conviction from the United States District Court for the Eastern District of Texas. Appointed counsel moved to withdraw and filed a brief stating the appeal presented no nonfrivolous issues.
The court’s reasoning
The court reviewed the attorney’s brief and the relevant portions of the record. It found the record was not sufficiently developed to allow a fair evaluation of Mouton’s claims of ineffective assistance of counsel. The court concurred with counsel’s assessment that the appeal presented no nonfrivolous issue for appellate review.
What it means going forward
The appeal is dismissed, but the defendant may pursue claims of ineffective assistance through collateral review.
