Background
Adrien Jockeel Evans appealed from a criminal case in the U.S. District Court for the Northern District of Texas. His appointed appellate attorney moved for leave to withdraw and filed a brief under Anders v. California, 386 U.S. 738 (1967), and United States v. Flores, 632 F.3d 229 (5th Cir. 2011), indicating that the appeal presented no nonfrivolous issue.
Evans filed a response. The Fifth Circuit reviewed counsel’s brief, the relevant portions of the record identified in the brief, and Evans’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 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 may seek to withdraw under Anders after concluding that a criminal appeal presents no nonfrivolous issue.
- The court independently reviewed counsel’s submission, the relevant record portions, and Evans’s response before accepting counsel’s assessment.
- The dismissal left the underlying district-court disposition undisturbed.
Why It Matters
The unpublished decision illustrates the Fifth Circuit’s procedure for resolving an Anders appeal. A defendant’s response does not prevent dismissal when the court’s review identifies no nonfrivolous appellate issue.