Unreported / Non-Citable
Background
Henry Babin appealed from proceedings in the U.S. District Court for the Middle District of Louisiana. The Fifth Circuit’s unpublished summary-calendar opinion does not identify his conviction, sentence, or specific appellate claims.
Babin’s appointed Federal Public Defender moved to withdraw and filed a brief under Anders v. California, representing that the appeal presented no nonfrivolous issue. Babin filed his own response.
The Court’s Holding
The Fifth Circuit reviewed counsel’s brief, the relevant portions of the record identified in it, and Babin’s response. The court agreed with counsel that the appeal presented no nonfrivolous issue for appellate review.
Accordingly, the court 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
- The Fifth Circuit independently reviewed the Anders brief, the relevant record portions, and Babin’s response.
- The court found no nonfrivolous appellate issue.
- The court permitted appointed counsel to withdraw and dismissed the appeal as frivolous.
Why It Matters
The decision illustrates the Fifth Circuit’s treatment of an Anders appeal: appointed counsel may withdraw only after identifying the appeal as lacking a nonfrivolous issue, and the court conducts its own review before dismissing the case.