Unreported / Non-Citable
Background
Chadwick James High appealed from a criminal case 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 and sought permission to withdraw.
Appointed counsel filed a brief under Anders v. California and United States v. Flores, identifying the relevant record for the Fifth Circuit’s independent review. High did not file a response to counsel’s submission.
The Court’s Holding
The Fifth Circuit independently reviewed counsel’s brief and the 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 therefore granted counsel’s motion for leave to withdraw, excused counsel from further responsibilities in the case, and dismissed the appeal under Fifth Circuit Rule 42.2. The per curiam opinion was not designated for publication.
Key Takeaways
- An appointed attorney who finds no nonfrivolous appellate issue may seek withdrawal through the Anders procedure.
- The appellate court independently reviewed the relevant record before accepting counsel’s assessment.
- Because the court found no nonfrivolous issue, it permitted counsel to withdraw and dismissed High’s appeal.
Why It Matters
The decision illustrates the Fifth Circuit’s handling of an uncontested Anders filing: counsel’s conclusion alone does not end the appeal, because the court must conduct its own review for potentially nonfrivolous issues.
After finding none here, the court ended the appeal without reaching any substantive challenge to High’s conviction or sentence.