Unreported / Non-Citable
Background
Linda Burrell appealed from a criminal case in the U.S. District Court for the Eastern District of Texas. The Fifth Circuit’s unpublished opinion does not describe the underlying charges, conviction, sentence, or potential appellate claims.
Burrell’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. Burrell did not file a response.
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.
The court therefore granted counsel’s motion 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 appellate court conducted its own review before agreeing with counsel’s assessment.
- The Fifth Circuit granted withdrawal and dismissed Burrell’s appeal as frivolous under its local rule.
Why It Matters
The decision illustrates the Fifth Circuit’s handling of an Anders submission: counsel’s assessment alone does not resolve the appeal, because the court must review the filing and relevant record before permitting withdrawal and dismissal.
The opinion is unpublished and provides no substantive ruling on Burrell’s underlying conviction or sentence.