Unreported / Non-Citable
Background
Maximus Dean Greim appealed from a criminal case in the U.S. District Court for the Northern District of Texas. The Fifth Circuit’s summary-calendar opinion does not describe his conviction, sentence, or potential appellate claims.
Greim’s appointed Federal Public Defender moved to withdraw and filed a brief under Anders v. California, asserting that the appeal presented no nonfrivolous issue. Greim 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 that the appeal presented no nonfrivolous issue for appellate review.
Accordingly, 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.
Key Takeaways
- An appointed attorney who concludes that a criminal appeal is frivolous may seek withdrawal through the Anders procedure.
- The appellate court reviewed the brief and relevant portions of the record before agreeing that no nonfrivolous appellate issue existed.
- The court granted counsel’s withdrawal request and dismissed Greim’s appeal.
Why It Matters
The decision illustrates the Fifth Circuit’s handling of an unopposed Anders submission: the court conducts its own review of the materials identified by counsel and may dismiss the appeal when it finds no nonfrivolous issue.