5th Cir.

United States v. Coulson

April 27, 2026 ·25-11118 ·Per Curiam · By James Taylor

The Fifth Circuit granted the Federal Public Defender's motion to withdraw from representing Thomas Eugene Coulson after finding no nonfrivolous issues for appeal. The court dismissed the appeal without addressing the merits of the underlying conviction.

Thomas Eugene Coulson appealed his conviction from the United States District Court for the Northern District of Texas. The Federal Public Defender, appointed to represent him, filed a motion to withdraw from the case. In accordance with the Supreme Court's decision in Anders v. California, the attorney filed a brief stating that after a thorough review of the record, they found no nonfrivolous issues to pursue on appeal. Coulson did not file a response to this motion or the brief. The Fifth Circuit then reviewed the attorney's brief and the relevant portions of the record to determine if the appeal had any arguable merit.

The court applied the standard established in Anders v. California and refined in United States v. Flores. Under this framework, appointed counsel must conduct a thorough review of the record and file a brief pointing out anything in the record that might arguably support an appeal. If counsel finds no nonfrivolous issues, they must request leave to withdraw. The court's role is then to independently review the record to ensure that counsel's assessment is correct. In this instance, the Fifth Circuit reviewed the Federal Public Defender's brief and the relevant record portions. The court concurred with counsel's assessment that the appeal presented no nonfrivolous issue for appellate review. Because the court found no arguable grounds for appeal, it granted the motion to withdraw and excused counsel from further responsibilities.

The appeal is terminated, and the judgment of the District Court stands. The Federal Public Defender is no longer required to represent Coulson in this matter. This outcome leaves the underlying conviction and sentence in place without any appellate review of the legal or factual claims. No further action is required by the court or the parties unless new grounds for appeal arise that were not previously reviewed.