Unreported / Non-Citable
Background
Danial Starr appealed from a criminal case in the U.S. District Court for the Southern District of Texas. His appointed appellate attorney moved for leave to withdraw and filed a brief under Anders v. California and United States v. Flores, representing that the appeal presented no nonfrivolous issue for review.
Starr did not file a response to counsel’s motion or brief. The Fifth Circuit considered the matter on its summary calendar and reviewed counsel’s brief and the relevant portions of the record identified in it.
The Court’s Holding
In an unpublished per curiam opinion, the Fifth Circuit agreed with appointed counsel’s assessment that Starr’s appeal presented no nonfrivolous issue for appellate review.
The court granted counsel’s motion for leave to withdraw, excused counsel from further responsibilities in the case, and dismissed the appeal under Fifth Circuit Rule 42.2.
Key Takeaways
- The Fifth Circuit independently reviewed counsel’s Anders brief and the relevant portions of the record.
- The court found no nonfrivolous issue warranting appellate review.
- Counsel was permitted to withdraw, and Starr’s appeal was dismissed.
Why It Matters
The decision illustrates the Fifth Circuit’s handling of an Anders appeal when appointed counsel concludes that no nonfrivolous appellate issue exists and the defendant files no response. After conducting its review and agreeing with counsel, the court may allow counsel to withdraw and dismiss the appeal.