April 10, 2026·25-50723·Per Curiam·By James Taylor
The United States Court of Appeals for the Fifth Circuit granted a motion to withdraw counsel and dismissed an appeal filed by Davon D. Caldwell. The court found no nonfrivolous issues for appellate review after reviewing the Anders brief submitted by appointed counsel.
Davon D. Caldwell appealed a conviction from the United States District Court for the Western District of Texas. Appointed counsel filed a motion to withdraw and submitted a brief in accordance with Anders v. California, stating the appeal presented no nonfrivolous issues. Caldwell did not file a response to the motion.
The court’s reasoning
The court reviewed 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. The court relied on Fifth Circuit Rule forty-two point two to dismiss the appeal.
What it means going forward
The dismissal ends the appellate process for this defendant without a merits review, and appointed counsel is relieved of further duties in the case.
