Unreported / Non-Citable
Background
Michael Larry Davis appealed from a criminal case in the U.S. District Court for the Southern District of Mississippi. The Federal Public Defender appointed to represent him concluded that the appeal presented no nonfrivolous issue.
Appointed counsel moved for leave to withdraw and filed a brief under Anders v. California and United States v. Flores. Davis 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.
The court granted counsel’s motion to withdraw, excused counsel from further responsibilities in the matter, and dismissed the appeal under Fifth Circuit Rule 42.2.
Key Takeaways
- An appointed attorney who concludes that a criminal appeal lacks any nonfrivolous issue may seek withdrawal through the Anders procedure.
- The Fifth Circuit reviewed counsel’s submission and the relevant record before agreeing that no nonfrivolous appellate issue existed.
- The court dismissed Davis’s appeal and released appointed counsel from further responsibilities.
Why It Matters
The unpublished summary-calendar opinion illustrates the Fifth Circuit’s handling of an uncontested Anders submission. Even when the defendant files no response, the court reviews counsel’s brief and the relevant record before deciding whether the appeal lacks a nonfrivolous issue.