Unreported / Non-Citable
Background
David Wayne Frazier, Jr., appealed from a criminal case in the U.S. District Court for the Northern District of Texas. The Fifth Circuit considered the matter on its summary calendar.
Frazier’s appointed attorney 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 for appellate review. Frazier 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’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 case, and dismissed the appeal under Fifth Circuit Rule 42.2. The unpublished opinion was issued per curiam by a panel consisting of Circuit Judges Davis, Richman, and Oldham.
Key Takeaways
- An appointed attorney may seek withdrawal by filing an Anders brief when counsel concludes that an appeal presents no nonfrivolous issue.
- The Fifth Circuit independently reviewed counsel’s submission and the relevant portions of the record before agreeing that no nonfrivolous appellate issue existed.
- The court granted withdrawal and dismissed the appeal under Fifth Circuit Rule 42.2.
Why It Matters
The decision illustrates the Fifth Circuit’s procedure for resolving a criminal appeal following an Anders filing. Even when the defendant does not respond, the court reviews the filing and relevant record before permitting appointed counsel to withdraw and dismissing the appeal as presenting no nonfrivolous issue.