The United States Court of Appeals for the Fifth Circuit dismissed an appeal filed by John Matthew Goines due to an insufficiently developed record. The court granted the appointed attorney's motion to withdraw after finding no nonfrivolous issues for review.
John Matthew Goines appealed his conviction from the United States District Court for the Eastern District of Texas. His appointed attorney moved to withdraw and filed a brief asserting that the appeal presented no nonfrivolous issues, while Goines filed a response.
The court’s reasoning
The court found the record insufficient to fairly evaluate claims of ineffective assistance of counsel. Sentencing challenges were barred by the appeal waiver. After reviewing the attorney’s brief and the record, the court concurred that no nonfrivolous issues existed for appellate review.
What it means going forward
The appeal is dismissed without prejudice to collateral review, and the appointed counsel is excused from further responsibilities.
