Unreported / Non-Citable
Background
Tracy Alan Dexter appealed from a criminal proceeding in the U.S. District Court for the Northern District of Texas. The Federal Public Defender appointed to represent him concluded that the appeal presented no nonfrivolous issue for appellate review.
Appointed counsel moved for leave to withdraw and filed a brief under Anders v. California and United States v. Flores. Dexter filed his own response and moved for appointment of substitute counsel.
The Court’s Holding
The Fifth Circuit reviewed counsel’s brief, the relevant portions of the record identified in the brief, and Dexter’s response. It 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, and dismissed the appeal under Fifth Circuit Rule 42.2. It also denied Dexter’s motion for substitute counsel.
Key Takeaways
- An appellate court conducting an Anders review examines counsel’s submission and the relevant record to determine whether any nonfrivolous appellate issue exists.
- The Fifth Circuit found no nonfrivolous issue in Dexter’s appeal and dismissed it.
- The court permitted appointed counsel to withdraw and declined to appoint substitute counsel.
Why It Matters
The unpublished decision illustrates the Fifth Circuit’s procedure when appointed criminal-defense counsel files an Anders brief. A defendant’s response does not require continued appellate proceedings or replacement counsel when the court’s independent review reveals no nonfrivolous issue.