The Fifth Circuit dismissed Louis Korn's criminal appeal after appointed counsel filed an Anders brief and moved to withdraw. The court said its review showed no nonfrivolous issue for appellate review.
This was a criminal appeal from the United States District Court for the Western District of Louisiana. Appointed counsel for Louis Korn moved for leave to withdraw and filed a brief under Anders v. California and United States v. Flores. Korn did not file a response.
The court’s reasoning
The Fifth Circuit reviewed counsel’s Anders brief and the relevant portions of the record reflected in that brief. The court agreed with counsel’s assessment that the appeal presented no nonfrivolous issue for appellate review. On that basis, it granted counsel’s motion to withdraw, excused counsel from further responsibilities, and dismissed the appeal under Fifth Circuit Rule 42.2.
What it means going forward
Korn’s appeal is over, and appointed appellate counsel is permitted to withdraw. The district court judgment remains undisturbed through this appeal.
