Unreported / Non-Citable
Background
Charlie Everette Bogle, Jr., appealed from a criminal case in the U.S. District Court for the Northern District of Texas. The Fifth Circuit resolved the appeal on its summary calendar in an unpublished per curiam opinion.
Bogle’s appointed Federal Public Defender 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. Bogle did not file a response.
The Court’s Holding
After reviewing counsel’s brief and the relevant portions of the record reflected in it, the Fifth Circuit agreed with counsel that the appeal presented no nonfrivolous issue for appellate review.
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 and the relevant portions of the record identified in it.
- The court found no nonfrivolous issue warranting appellate review.
- Counsel was permitted to withdraw, and the appeal was dismissed.
Why It Matters
The decision illustrates the Fifth Circuit’s procedure when appointed criminal defense counsel concludes that an appeal is frivolous and submits an Anders brief. The court does not rely solely on counsel’s assessment; it reviews the submission and relevant record before permitting withdrawal and dismissing the appeal.