Unreported / Non-Citable
Background
Kerry Wayne Watkins appealed from a criminal case in the U.S. District Court for the Northern 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. Watkins 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 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
- An appointed attorney who concludes that a criminal appeal is frivolous may seek withdrawal through the Anders procedure.
- The appellate court reviewed the relevant record and found no nonfrivolous issue for review.
- The Fifth Circuit permitted counsel to withdraw and dismissed Watkins’s appeal.
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 dismissing an appeal as frivolous.
The unpublished opinion does not address the merits of any specific challenge to Watkins’s conviction or sentence; its holding is limited to the absence of a nonfrivolous appellate issue in the materials reviewed.