Background
Kerry Wayne Watkins appealed from a criminal case in the U.S. District Court for the Northern District of Texas. The opinion does not identify his offense, sentence, or proposed appellate claims.
Watkins’s appointed Federal Public Defender 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. Watkins 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 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
- An appointed attorney may seek withdrawal through an Anders brief when counsel concludes that a criminal appeal presents no nonfrivolous issue.
- The Fifth Circuit reviewed the relevant record and independently agreed with counsel’s assessment.
- The court permitted counsel to withdraw and dismissed Watkins’s appeal as frivolous.
Why It Matters
The decision illustrates the Fifth Circuit’s procedure for resolving an unopposed Anders submission. Counsel’s conclusion alone did not end the appeal; the panel reviewed the brief and relevant record before determining that no nonfrivolous appellate issue existed.