Unreported / Non-Citable
Background
Robert Hall appealed from a criminal case in the U.S. District Court for the Southern District of Texas. The Federal Public Defender appointed to represent him moved for leave to withdraw.
Appointed counsel filed a brief under Anders v. California and United States v. Flores, indicating that the appeal presented no nonfrivolous issue for appellate review. Hall 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’s assessment that the 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 case, and dismissed Hall’s appeal under Fifth Circuit Rule 42.2.
Key Takeaways
- An appointed attorney may seek withdrawal by filing an Anders brief when counsel concludes that an appeal presents no nonfrivolous issue.
- The appellate court reviewed the brief and relevant portions of the record before accepting counsel’s assessment.
- Finding no nonfrivolous appellate issue, the Fifth Circuit permitted counsel to withdraw and dismissed the appeal.
Why It Matters
The decision illustrates the Fifth Circuit’s handling of an uncontested Anders submission: the court conducts its own review of the materials identified by counsel before allowing withdrawal and dismissing the appeal as frivolous.