Background
Omar Gilliam appealed from proceedings in the U.S. District Court for the Northern District of Texas. The Fifth Circuit considered the appeal on its summary calendar.
Gilliam’s appointed attorney 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. Gilliam did not file a response.
The Court’s Holding
After reviewing counsel’s brief and the relevant portions of the record identified in it, the Fifth Circuit agreed with counsel 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 matter, and dismissed the appeal under Fifth Circuit Rule 42.2.
Key Takeaways
- An appointed attorney may seek withdrawal through an Anders brief when counsel concludes that a criminal appeal presents no nonfrivolous issue.
- The Fifth Circuit independently reviewed counsel’s brief and the relevant portions of the record before agreeing with counsel’s assessment.
- The court dismissed Gilliam’s appeal as frivolous and released appointed counsel from further responsibility.
Why It Matters
The unpublished decision illustrates the Fifth Circuit’s handling of an unopposed Anders motion. Even when the defendant files no response, the court reviews counsel’s submission and the relevant record before permitting withdrawal and dismissing the appeal.