The United States Court of Appeals for the Fifth Circuit granted a motion to withdraw appointed counsel and dismissed the appeal. The court found no nonfrivolous issues for appellate review after reviewing the Anders brief filed by the defendant's attorney.
Randy Ray Roberts, Jr. appealed a conviction from the United States District Court for the Western District of Texas. Appointed counsel moved to withdraw and filed a brief stating the appeal lacked nonfrivolous issues, while the defendant filed no response.
The court’s reasoning
The court reviewed the attorney’s brief and the relevant record portions. 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 representation, and the appeal is terminated without a decision on the merits of the underlying conviction.
