Background
Gaston James Wooten appealed from a criminal case in the U.S. District Court for the Northern District of Texas. His appointed appellate counsel moved for leave to withdraw and filed a brief under Anders v. California, 386 U.S. 738 (1967), and United States v. Flores, 632 F.3d 229 (5th Cir. 2011).
Counsel concluded that the appeal presented no nonfrivolous issue for appellate review. Wooten did not file a response to counsel’s motion or Anders brief.
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.
The court therefore granted counsel’s motion for leave 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 to withdraw by filing an Anders brief when counsel concludes that a criminal appeal has no nonfrivolous grounds.
- The appellate court independently reviews the brief and relevant record before acting on counsel’s request.
- Finding no nonfrivolous issue, the Fifth Circuit permitted counsel to withdraw and dismissed Wooten’s appeal.
Why It Matters
The unpublished decision illustrates the Fifth Circuit’s procedure for resolving an Anders appeal. Counsel’s assessment alone did not end the case; the panel conducted its own review before concluding that dismissal was warranted.