Unreported / Non-Citable
Background
Babatunde Johnson appealed from a criminal case in the U.S. District Court for the Northern District of Texas. The Federal Public Defender appointed to represent him concluded that the appeal presented no nonfrivolous issue and moved to withdraw under Anders v. California and United States v. Flores.
Johnson filed a response to counsel’s Anders brief and moved for the appointment of substitute counsel. The Fifth Circuit reviewed counsel’s brief, the relevant portions of the record identified in the brief, and Johnson’s response.
The Court’s Holding
The Fifth Circuit agreed with appointed counsel that the appeal presented no nonfrivolous issue for appellate review. It therefore granted counsel’s motion to withdraw, excused counsel from further responsibilities, and dismissed the appeal under Fifth Circuit Rule 42.2.
The court also denied Johnson’s motion to appoint substitute counsel. The decision was issued per curiam on the summary calendar and was not designated for publication.
Key Takeaways
- The panel independently reviewed the Anders brief, the relevant record materials, and Johnson’s response.
- Finding no nonfrivolous appellate issue, the court permitted appointed counsel to withdraw and dismissed the appeal.
- The court denied Johnson’s request for substitute appointed counsel.
Why It Matters
The decision illustrates the Fifth Circuit’s procedure when appointed criminal defense counsel submits an Anders brief. Counsel’s assessment does not end the inquiry; the appellate court reviews the identified record materials and any response from the defendant before determining whether the appeal presents a nonfrivolous issue.
Here, that review resulted in dismissal rather than further briefing or appointment of new counsel.