Summary
In this unpublished per curiam opinion, the Fifth Circuit granted appointed counsel’s motion to withdraw under *Anders v. California*, 386 U.S. 738 (1967), and dismissed the appeal as frivolous. The court reviewed counsel’s brief and the record, concurring that no nonfrivolous issues existed for appellate review. The case illustrates the application of the *Anders* procedure in a direct criminal appeal from the Northern District of Texas.
Topics
Practice areas
Questions Presented
- Whether the appeal presents any nonfrivolous issue for appellate review.
Holdings
- The appeal presents no nonfrivolous issue.
Key quotations
“We concur with counsel's assessment that the appeal presents no nonfrivolous issue for appellate review.” (at 1)
“the APPEAL IS DISMISSED.” (at 2)
Factual background
The underlying facts of the conviction are not detailed in this opinion. The appeal concerns whether the defendant's direct appeal presents any nonfrivolous issues for review.
Procedural history
The defendant appealed his conviction and sentence. The Federal Public Defender appointed to represent him moved for leave to withdraw and filed an Anders brief asserting no nonfrivolous issues. The defendant did not respond.