Background
Maximus Dean Greim appealed from a criminal case in the U.S. District Court for the Northern District of Texas. The Fifth Circuit’s brief, unpublished opinion does not identify his conviction, sentence, or proposed appellate claims.
Greim’s appointed Federal Public Defender moved to withdraw and filed a brief under Anders v. California and United States v. Flores, representing that the appeal presented no nonfrivolous issue. Greim did not file a response.
The Court’s Holding
After reviewing counsel’s brief and the relevant portions of the record reflected 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 case, and dismissed the appeal under Fifth Circuit Rule 42.2.
Key Takeaways
- The panel independently reviewed the Anders brief and the relevant portions of the record.
- The court found no nonfrivolous issue warranting appellate review.
- The court permitted appointed counsel to withdraw and dismissed Greim’s appeal.
Why It Matters
The decision illustrates the Fifth Circuit’s handling of an Anders appeal when appointed counsel concludes that no nonfrivolous appellate issue exists and the defendant submits no response. The unpublished opinion does not resolve a substantive question about Greim’s conviction or sentence.