Unreported / Non-Citable
Background
Edith Marie Dunn appealed from a criminal case in the U.S. District Court for the Northern District of Texas, USDC No. 1:25-CR-52-2. The Fifth Circuit considered the matter on its summary calendar.
Dunn’s appointed 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 appellate review. Dunn did not file a response.
The Court’s Holding
After reviewing counsel’s brief and the relevant portions of the record identified in it, the Fifth Circuit agreed with counsel that the appeal presented no nonfrivolous issue for appellate review.
The court granted counsel’s motion to withdraw, excused counsel from further responsibilities in the case, and dismissed the appeal under Fifth Circuit Rule 42.2. The per curiam opinion was not designated for publication.
Key Takeaways
- An appointed attorney may seek withdrawal by filing an Anders brief when counsel concludes that an appeal presents no nonfrivolous issue.
- The Fifth Circuit independently reviewed counsel’s brief and the relevant portions of the record before agreeing with that assessment.
- The court granted withdrawal and dismissed Dunn’s appeal after finding no nonfrivolous appellate issue.
Why It Matters
The decision illustrates the Fifth Circuit’s handling of an unopposed Anders submission: the court conducts its own review of the materials identified by counsel rather than relying solely on counsel’s conclusion.
When that review reveals no nonfrivolous ground for appeal, the court may permit appointed counsel to withdraw and dismiss the appeal under its rules.