Unreported / Non-Citable
Background
Antoinette Monique Hopkins appealed from a criminal case in the U.S. District Court for the Southern District of Texas. The Fifth Circuit considered the matter on its summary calendar.
Hopkins’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. Hopkins 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.
Key Takeaways
- The court independently reviewed the Anders brief and the relevant portions of the record.
- It found no nonfrivolous issue for appellate review.
- It permitted appointed counsel to withdraw and dismissed the appeal as frivolous.
Why It Matters
The unpublished per curiam decision illustrates the Fifth Circuit’s procedure when appointed counsel concludes that a criminal appeal lacks any nonfrivolous issue. Counsel’s assessment does not itself end the appeal; the court conducts its own review before allowing withdrawal and dismissing under Rule 42.2.