Background
Abe Jyles appealed from a criminal case in the U.S. District Court for the Eastern District of Louisiana. His appointed appellate attorney concluded that the appeal presented no nonfrivolous issue and moved for leave to withdraw.
Counsel filed a brief under Anders v. California and United States v. Flores, identifying the relevant portions of the record for the Fifth Circuit’s review. Jyles did not file a response.
The Court’s Holding
The Fifth Circuit independently reviewed counsel’s brief and the relevant portions of the record reflected 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 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 who finds no nonfrivolous appellate issue may seek withdrawal by filing an Anders brief.
- The appellate court reviewed the relevant record and independently agreed that Jyles’s appeal lacked a nonfrivolous issue.
- The court permitted counsel to withdraw and dismissed the appeal.
Why It Matters
The unpublished decision illustrates the Fifth Circuit’s procedure for resolving a criminal appeal after appointed counsel files an Anders brief. Withdrawal and dismissal followed only after the panel conducted its own review and agreed that no nonfrivolous appellate issue existed.