Summary
In this unpublished, per curiam opinion, the Fifth Circuit granted appellate counsel's motion to withdraw under *Anders v. California*, 386 U.S. 738 (1967), and *United States v. Flores*, 632 F.3d 229 (5th Cir. 2011), after concluding that the direct criminal appeal presented no nonfrivolous issues for review. The court dismissed the appeal pursuant to 5th Circuit Rule 42.2. This case illustrates the procedural framework for handling a frivolous criminal appeal and the standard for granting an Anders motion.
Topics
Practice areas
Questions Presented
- Whether the appeal presents any nonfrivolous issue for appellate review.
Holdings
- The appeal presents no nonfrivolous issue for appellate review.
Key quotations
“We concur with counsel’s assessment that the appeal presents no nonfrivolous issue for appellate review. Accordingly, counsel’s motion for leave to withdraw is GRANTED, counsel is excused from further responsibilities herein, and the APPEAL IS DISMISSED.” (1-2)
Factual background
The opinion does not provide factual background; it concerns an Anders appeal from a criminal conviction in the Southern District of Texas.
Procedural history
The attorney appointed to represent Trayvees Duncan-Bush moved for leave to withdraw and filed an Anders brief. Duncan-Bush filed no response.