Unreported / Non-Citable
Background
Jeffrey Alexander Flack appealed from a criminal case in the U.S. District Court for the Western District of Louisiana. His appointed appellate attorney moved for leave to withdraw and filed a brief under Anders v. California, representing that the appeal presented no nonfrivolous ground for review.
Flack did not file a response to counsel’s motion or 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 that Flack’s appeal presented no nonfrivolous issue for appellate review.
The court granted counsel’s motion for leave to withdraw, excused counsel from further responsibilities in the matter, and dismissed the appeal under Fifth Circuit Rule 42.2.
Key Takeaways
- An appointed attorney may seek to withdraw by filing an Anders brief when counsel concludes that an appeal presents no nonfrivolous issue.
- The appellate court independently reviews counsel’s brief and the relevant portions of the record before acting on the request.
- Because the panel found no nonfrivolous appellate issue, it permitted counsel to withdraw and dismissed Flack’s appeal.
Why It Matters
The unpublished decision illustrates the Fifth Circuit’s procedure for resolving a criminal appeal after appointed counsel files an Anders brief. Withdrawal is not automatic: the court conducts its own review before determining that the appeal lacks a nonfrivolous issue and may be dismissed.