Unreported / Non-Citable
Background
John Marcus Lee appealed from a criminal case in the U.S. District Court for the Northern District of Texas. His appointed appellate attorney moved for leave to withdraw and filed a brief under Anders v. California, representing that the appeal presented no nonfrivolous issue for review.
Lee did not respond to counsel’s motion or brief. The Fifth Circuit reviewed counsel’s submission and the relevant portions of the record identified in it.
The Court’s Holding
The Fifth Circuit agreed with appointed counsel that Lee’s appeal presented no nonfrivolous issue for appellate review.
The court therefore granted counsel’s motion to withdraw, excused counsel from further responsibilities in the matter, and dismissed the appeal under Fifth Circuit Rule 42.2.
Key Takeaways
- The court independently reviewed counsel’s Anders brief and the relevant portions of the record.
- It found no nonfrivolous issue warranting appellate review.
- It permitted appointed counsel to withdraw and dismissed the appeal as frivolous.
Why It Matters
The unpublished per curiam opinion illustrates the Fifth Circuit’s handling of an Anders appeal when appointed counsel identifies no arguable issue and the defendant files no response. After conducting its review and agreeing with counsel’s assessment, the court may allow withdrawal and dismiss the appeal under its rule governing frivolous appeals.