Unreported / Non-Citable
Background
Omar Gilliam appealed from a criminal case in the U.S. District Court for the Northern District of Texas. His appointed appellate attorney moved for leave to withdraw and filed a brief under Anders v. California, asserting that the appeal presented no nonfrivolous issue for review.
Gilliam did not file a response to counsel’s motion or Anders brief. The Fifth Circuit reviewed counsel’s submission and the relevant portions of the record identified in it.
The Court’s Holding
The Fifth Circuit agreed with appointed counsel’s assessment that Gilliam’s appeal presented no nonfrivolous issue for appellate review.
The court therefore 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
- An appointed attorney who concludes that a criminal appeal lacks a nonfrivolous issue may seek withdrawal through the Anders procedure.
- The Fifth Circuit independently reviewed counsel’s brief and the relevant portions of the record before agreeing that no nonfrivolous appellate issue existed.
- The court granted withdrawal, discharged counsel from further duties, and dismissed Gilliam’s appeal.
Why It Matters
The unpublished per curiam opinion illustrates the Fifth Circuit’s handling of an uncontested Anders submission: the court conducts its own review of the materials before permitting appointed counsel to withdraw and dismissing an appeal as frivolous.