Unreported / Non-Citable
Background
Travis Robert Larson appealed from a criminal case in the U.S. District Court for the Northern District of Texas. His appointed appellate counsel moved for leave to withdraw and filed a brief under Anders v. California, 386 U.S. 738 (1967), and United States v. Flores, 632 F.3d 229 (5th Cir. 2011), representing that the appeal presented no nonfrivolous issue.
Larson filed a response to counsel’s submission. The Fifth Circuit reviewed counsel’s brief, the relevant portions of the record identified in it, and Larson’s response.
The Court’s Holding
The Fifth Circuit concurred with appointed 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.
Key Takeaways
- An appointed attorney may seek to withdraw by filing an Anders brief when counsel concludes that a criminal appeal presents no nonfrivolous issue.
- The Fifth Circuit considered both the relevant record materials and Larson’s own response before accepting counsel’s assessment.
- Finding no nonfrivolous appellate issue, the court permitted counsel to withdraw and dismissed the appeal.
Why It Matters
The decision illustrates the Fifth Circuit’s handling of an Anders submission: the court independently reviews the relevant materials, including the defendant’s response, before deciding whether the appeal lacks any nonfrivolous issue.
It also confirms that when this review reveals no nonfrivolous basis for appellate relief, the court may grant appointed counsel’s withdrawal request and dismiss the appeal under its rules.