Unreported / Non-Citable
Background
Darren Deboard appealed from a criminal case in the U.S. District Court for the Southern District of Texas. The Federal Public Defender appointed to represent him concluded that the appeal presented no nonfrivolous issue and sought permission to withdraw.
Appointed counsel filed a brief under Anders v. California and United States v. Flores. Deboard did not file a response.
The Court’s Holding
After reviewing counsel’s brief and the relevant portions of the record identified in it, the Fifth Circuit agreed with counsel 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 matter, and dismissed the appeal under Fifth Circuit Rule 42.2.
Key Takeaways
- The Fifth Circuit independently reviewed the Anders submission and the relevant portions of the record.
- The court found no nonfrivolous issue warranting appellate review.
- Appointed counsel was permitted to withdraw, and the appeal was dismissed as frivolous.
Why It Matters
The unpublished summary-calendar opinion illustrates the Fifth Circuit’s procedure when appointed criminal defense counsel determines that an appeal lacks a nonfrivolous issue. Counsel’s assessment alone did not end the case; the panel reviewed the submission and relevant record before allowing withdrawal and dismissing the appeal.