Unreported / Non-Citable
Background
Jarvis Dupree Ross appealed from proceedings in the U.S. District Court for the Northern District of Texas. The Fifth Circuit considered the matter on its summary calendar.
Ross’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 issue. Ross 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.
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
- An appointed attorney may seek withdrawal by filing an Anders brief when counsel concludes that an appeal presents no nonfrivolous issue.
- The appellate court independently reviewed the brief and relevant record before accepting counsel’s assessment.
- The court allowed counsel to withdraw and dismissed Ross’s appeal as frivolous.
Why It Matters
The decision illustrates the Fifth Circuit’s procedure for resolving a criminal appeal after appointed counsel files an Anders brief. Withdrawal was permitted only after the panel conducted its own review and found no nonfrivolous appellate issue.