Unreported / Non-Citable
Background
Griffin Isaiah Jefferson appealed from a criminal case in the U.S. District Court for the Southern District of Texas. The Federal Public Defender was appointed to represent him on appeal.
Appointed counsel 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. Jefferson 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’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 matter, and dismissed the appeal under Fifth Circuit Rule 42.2. The per curiam opinion was not designated for publication.
Key Takeaways
- An appointed attorney seeking to withdraw under Anders must identify the record and potential appellate issues for the court’s review.
- The Fifth Circuit found no nonfrivolous issue after reviewing counsel’s submission and the relevant record.
- The court permitted counsel to withdraw and dismissed Jefferson’s appeal as frivolous.
Why It Matters
The decision illustrates the Fifth Circuit’s handling of an uncontested Anders submission: the court conducts its own review before allowing appointed counsel to withdraw and terminating the appeal.
It also shows that when this review reveals no nonfrivolous appellate issue, the court may dismiss the appeal under its rule governing frivolous appeals.