The United States Court of Appeals for the Fifth Circuit dismissed an appeal after appointed counsel filed a motion to withdraw under Anders v. California. The court agreed with counsel that the appeal presented no nonfrivolous issues for review.
Marcellus Holmes appealed a conviction from the United States District Court for the Southern District of Mississippi. Appointed counsel filed a motion for leave to withdraw and submitted a brief in accordance with Anders v. California and United States v. Flores.
The court’s reasoning
The court reviewed the attorney’s brief and the relevant portions of the record. The court concurred with counsel’s assessment that the appeal presented no nonfrivolous issue for appellate review.
What it means going forward
The appeal is dismissed, and the appointed attorney is excused from further duties in the case.
