Unreported / Non-Citable
Background
Darrus Dugas appealed from proceedings in the U.S. District Court for the Eastern District of Texas. His appointed appellate attorney concluded that the appeal presented no nonfrivolous issue and moved to withdraw.
Counsel filed a brief under Anders v. California and United States v. Flores. Dugas did not file a response, but he moved for appointment of substitute counsel.
The Court’s Holding
The Fifth Circuit independently reviewed counsel’s brief and the relevant portions of the record identified in it. The court agreed with counsel that the appeal presented no nonfrivolous issue for appellate review.
Accordingly, the court granted counsel’s motion to withdraw, excused counsel from further responsibilities, and dismissed the appeal under Fifth Circuit Rule 42.2. It also denied Dugas’s motion for substitute counsel.
Key Takeaways
- An appointed attorney may seek to withdraw through an Anders brief when counsel determines that a criminal appeal presents no nonfrivolous issue.
- The Fifth Circuit reviewed the brief and relevant record portions before agreeing with counsel’s assessment.
- The court dismissed Dugas’s appeal and declined to appoint substitute counsel.
Why It Matters
The decision illustrates the Fifth Circuit’s handling of an unopposed Anders submission on its summary calendar. Once the court independently found no nonfrivolous appellate issue, withdrawal and dismissal were appropriate.
It also shows that a request for substitute appointed counsel does not prevent dismissal when the court’s review confirms that the appeal lacks a nonfrivolous issue.