Background
Henry Babin appealed from proceedings in the U.S. District Court for the Middle District of Louisiana. The Federal Public Defender appointed to represent him moved for leave to withdraw and submitted a brief under Anders v. California and United States v. Flores, indicating that the appeal presented no nonfrivolous issue.
Babin filed his own response. The Fifth Circuit considered counsel’s brief, the relevant portions of the record identified in that brief, and Babin’s response.
The Court’s Holding
The Fifth Circuit agreed with appointed counsel that the appeal presented no nonfrivolous issue for appellate review. The court’s unpublished per curiam opinion did not identify or resolve any substantive claim on the merits.
The court granted counsel’s motion for leave 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 who concludes that a criminal appeal lacks a nonfrivolous issue may seek withdrawal through the Anders procedure.
- The Fifth Circuit reviewed counsel’s submission, the relevant record portions, and Babin’s response before agreeing that no nonfrivolous appellate issue existed.
- The court granted withdrawal and dismissed the appeal rather than deciding a substantive appellate claim.
Why It Matters
The decision illustrates the Fifth Circuit’s handling of an Anders submission when appointed counsel identifies no nonfrivolous ground for appeal and the defendant responds personally. It also confirms that, after its own review reveals no such issue, the court may permit counsel to withdraw and dismiss the appeal under its rules.