Background
Brad William Blanchard appealed from a criminal case in the U.S. District Court for the Western District of Louisiana. The opinion does not describe his conviction, sentence, or potential appellate claims.
Blanchard’s appointed attorney moved for leave to withdraw and filed a brief under Anders v. California and United States v. Flores, indicating counsel’s assessment that the appeal presented no nonfrivolous issue. Blanchard 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 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
- The Fifth Circuit independently reviewed the Anders brief and the relevant portions of the record.
- The court found no nonfrivolous issue for appellate review.
- The court permitted appointed counsel to withdraw and dismissed Blanchard’s appeal.
Why It Matters
The decision illustrates the Fifth Circuit’s handling of an Anders appeal when appointed counsel identifies no nonfrivolous ground for review and the defendant submits no response. The dismissal ended the appeal without adjudicating any substantive challenge to Blanchard’s conviction or sentence.
The opinion is designated as unpublished under Fifth Circuit Rule 47.5.