Unreported / Non-Citable
Background
Patrick Wayne Frazier appealed from a criminal proceeding in the U.S. District Court for the Northern District of Texas. The underlying district-court docket was No. 5:25-CR-44-2.
Frazier’s appointed 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 ground for review. Frazier did not file a response.
The Court’s Holding
The Fifth Circuit reviewed counsel’s brief and the relevant portions of the record identified in it. The court agreed with counsel that the appeal presented no nonfrivolous issue for appellate review.
The court therefore 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
- An appointed attorney may seek to withdraw when an examination of the case reveals no nonfrivolous appellate issue, subject to the procedures governing Anders briefs.
- The Fifth Circuit independently reviewed counsel’s submission and the relevant record before agreeing that the appeal lacked a nonfrivolous issue.
- The court granted withdrawal and dismissed the appeal as frivolous under Fifth Circuit Rule 42.2.
Why It Matters
The unpublished, per curiam decision illustrates the Fifth Circuit’s handling of an uncontested Anders submission. Even when a defendant does not respond, the court conducts its own review before permitting appointed counsel to withdraw and dismissing the appeal.