Background
Michael Lott appealed his conviction from the United States District Court for the Eastern District of Louisiana. Appointed counsel moved to withdraw and filed a brief in accordance with Anders v. California and United States v. Flores, asserting that the appeal presented no nonfrivolous issues. Lott filed responses to the motion.
The court’s reasoning
The court reviewed the attorney’s brief, the relevant portions of the record, and the defendant’s responses. It concurred with counsel’s assessment that the appeal presented no nonfrivolous issue for appellate review. However, the court found the record was not sufficiently developed to allow a fair evaluation of Lott’s claims of ineffective assistance of appellate counsel.
What it means going forward
The appeal is dismissed, but the defendant may pursue claims of ineffective assistance of counsel through collateral review proceedings.