Unreported / Non-Citable
Background
Gaston James Wooten appealed from a criminal proceeding 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 and United States v. Flores, representing that the appeal presented no nonfrivolous issue for review.
Wooten did not file a response to counsel’s motion or Anders 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
The Fifth Circuit agreed with appointed counsel’s assessment that Wooten’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
- The panel found no nonfrivolous appellate issue after reviewing counsel’s Anders brief and the relevant portions of the record.
- Wooten filed no response identifying a potential issue for appeal.
- The court permitted appointed counsel to withdraw and dismissed the appeal.
Why It Matters
The unpublished decision illustrates the Fifth Circuit’s disposition of a criminal appeal when appointed counsel follows the Anders procedure and the court independently concurs that no nonfrivolous issue exists. It also confirms that dismissal under Fifth Circuit Rule 42.2 may follow that determination.