United States v. Burrell — Fifth Circuit dismissed appeal after Anders review found no nonfrivolous issue

Case
United States of America v. Linda Burrell
Court
U.S. Court of Appeals for the Fifth Circuit
Judge
Willett; Duncan; Engelhardt
Date Decided
September 2, 2026
Docket No.
25-40740
Topics
Criminal Appeals; Anders Briefs; Appointed Counsel
Source
Read the full opinion

Background

Linda Burrell appealed from a criminal case in the U.S. District Court for the Eastern District of Texas. Her appointed appellate attorney moved for leave to withdraw and filed a brief under Anders v. California, representing that the appeal presented no nonfrivolous ground for review.

Burrell did not file a response to counsel’s motion or brief. The Fifth Circuit considered 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 Burrell’s appeal presented no nonfrivolous issue for appellate review.

The court therefore granted counsel’s motion for leave 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 may seek withdrawal through an Anders brief when counsel concludes that a criminal appeal lacks a nonfrivolous issue.
  • The Fifth Circuit independently reviewed counsel’s brief and the relevant portions of the record before accepting that assessment.
  • Finding no nonfrivolous appellate issue, the court permitted counsel to withdraw and dismissed Burrell’s appeal.

Why It Matters

The disposition illustrates the Fifth Circuit’s procedure for resolving an appeal after appointed counsel files an Anders brief. Withdrawal and dismissal followed only after the panel conducted its own review and agreed that no nonfrivolous issue existed.

✉️ Get tomorrow’s cases before your first coffee
Daily Case Law is our free morning digest — the most substantive new decisions, filtered to your jurisdictions and topics, each linking back here for the full analysis.

Leave a Comment

Your email address will not be published. Required fields are marked *

Scroll to Top