Background
Marcus Allen Harlston appealed from proceedings in the U.S. District Court for the Eastern District of Texas. The opinion does not describe the underlying charges, judgment, or sentence.
Harlston’s appointed appellate attorney moved for leave to withdraw and filed a brief under Anders v. California and United States v. Flores, representing that the appeal presented no nonfrivolous issue. Harlston did not file a response.
The Court’s Holding
The Fifth Circuit independently reviewed counsel’s brief and the relevant portions of the record identified in it. The court agreed with counsel’s assessment that the appeal presented no nonfrivolous issue for appellate review.
Accordingly, 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
- An appointed attorney may seek withdrawal through an Anders brief when counsel concludes that an appeal presents no nonfrivolous issue.
- The Fifth Circuit conducted its own review of the brief and the relevant portions of the record before accepting counsel’s assessment.
- Finding no nonfrivolous appellate issue, the court allowed counsel to withdraw and dismissed the appeal.
Why It Matters
The decision illustrates the Fifth Circuit’s streamlined disposition of an appeal after an Anders review. Even when the defendant files no response, the court reviews the materials presented before determining that the appeal lacks a nonfrivolous issue and permitting appointed counsel to withdraw.