Background
Heather Hoffman appealed from proceedings in the U.S. District Court for the Northern District of Texas. The Federal Public Defender appointed to represent her concluded that the appeal presented no nonfrivolous issue and moved for leave to withdraw.
Appointed counsel filed a brief under Anders v. California and United States v. Flores, identifying the portions of the record relevant to that assessment. Hoffman did not file a response.
The Court’s Holding
After independently reviewing counsel’s brief and the relevant portions of the record described in it, the Fifth Circuit agreed 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 withdrawal by filing an Anders brief when counsel concludes that a criminal appeal presents no nonfrivolous issue.
- The appellate court independently reviews counsel’s submission and the relevant portions of the record before acting on the request.
- Finding no nonfrivolous appellate issue, the Fifth Circuit permitted counsel to withdraw and dismissed Hoffman’s appeal.
Why It Matters
The decision illustrates the Fifth Circuit’s handling of an uncontested Anders submission on its summary calendar. Even when the defendant files no response, the court reviews counsel’s assessment and the pertinent record before determining whether the appeal lacks a nonfrivolous issue.