The United States Court of Appeals for the Fifth Circuit granted a motion by the Federal Public Defender to withdraw from representing the defendant. The court dismissed the appeal after finding no nonfrivolous issues for appellate review.
The defendant, Ollie Dwayne Lee III, appealed a conviction from the United States District Court for the Western District of Louisiana. The Federal Public Defender appointed to represent him moved to withdraw and filed a brief stating the appeal lacked merit.
The court’s reasoning
The court reviewed the counsel’s brief and the relevant portions of the record. It concurred with counsel’s assessment that the appeal presented no nonfrivolous issue for appellate review.
What it means going forward
Counsel is excused from further responsibilities, and the appeal is dismissed without a decision on the merits of the underlying conviction.
