Unreported / Non-Citable
Background
Brian David Bell petitioned the Fifth Circuit to review a determination of the U.S. Parole Commission under 18 U.S.C. § 4106A.
Bell’s appointed Federal Public Defender moved for leave to withdraw and submitted a brief under Anders v. California and United States v. Flores, representing that the petition presented no nonfrivolous issue for review. Bell 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 Bell’s petition presented no nonfrivolous issue for review.
The court granted counsel’s motion to withdraw, excused counsel from further responsibilities in the matter, and dismissed the petition for review under Fifth Circuit Rule 42.2.
Key Takeaways
- An appointed attorney seeking to withdraw filed an Anders brief asserting that the petition raised no nonfrivolous review issue.
- The Fifth Circuit conducted its own review and agreed with counsel’s assessment.
- The court allowed counsel to withdraw and dismissed Bell’s petition for review.
Why It Matters
The decision illustrates the Fifth Circuit’s treatment of an Anders submission in a petition seeking review of a U.S. Parole Commission determination: after independently examining the materials identified by counsel and finding no nonfrivolous issue, the court may permit withdrawal and dismiss the petition.