Unreported / Non-Citable
Background
Sean Burns appealed from a criminal case in the U.S. District Court for the Northern District of Texas. His appointed appellate attorney moved for leave to withdraw and filed a brief under Anders v. California, representing that the appeal presented no nonfrivolous issue for review.
Burns did not file a response to counsel’s motion or Anders brief. The Fifth Circuit reviewed counsel’s brief and the relevant portions of the record identified in it.
The Court’s Holding
The Fifth Circuit agreed with appointed 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 the appeal under Fifth Circuit Rule 42.2.
Key Takeaways
- An appointed attorney may seek withdrawal through an Anders brief when counsel concludes that a criminal appeal presents no nonfrivolous issue.
- The Fifth Circuit independently reviewed counsel’s brief and the relevant portions of the record before agreeing with counsel’s assessment.
- The court dismissed Burns’s appeal as frivolous and relieved appointed counsel of further responsibility.
Why It Matters
The unpublished decision illustrates the Fifth Circuit’s procedure for resolving an Anders appeal: the court reviews the submission and relevant record, determines whether any nonfrivolous appellate issue exists, and may then permit counsel to withdraw and dismiss the appeal.