Automated Summary
Key Facts
Ezavian Grant, the defendant-appellant, appealed his conviction from the United States District Court for the Southern District of Texas (Case No. 4:22-CR-217-2). His appointed counsel filed an Anders brief and moved to withdraw. The Fifth Circuit Court of Appeals reviewed the record and found no non-frivolous issues for appeal, granting the motion to withdraw and dismissing the appeal.
Issues
The court dismissed the appeal after finding that the defendant's appeal presented no non-frivolous issues for review, as per the Anders brief filed by counsel. The motion to withdraw was granted and the appeal was dismissed.
Holdings
The court granted the motion to withdraw filed by the appointed attorney for Ezavian Grant, finding the appeal presented no non-frivolous issues for review. As a result, the appeal was dismissed.
Remedies
The court dismissed the appeal after reviewing counsel's brief and finding no non-frivolous issues for appellate review.
Legal Principles
The court applied the Anders procedure to evaluate the appeal, finding no non-frivolous issues for review and dismissing the appeal under Fifth Circuit Rule 42.2 after granting counsel's motion to withdraw.
Precedent Name
- United States v. Flores
- Anders v. California
Judge Name
- Smith
- Wilson
- Higginson
Passage Text
- We concur with counsel's assessment that the appeal presents no non-frivolous issue for appellate review. Accordingly, the motion to withdraw is GRANTED, counsel is excused from further responsibilities herein, and the appeal is DISMISSED. See 5TH CIR. R. 42.2.
- The attorney appointed to represent Ezavian Grant has moved to withdraw and has filed a brief per Anders v. California, 386 U.S. 738 (1967), and United States v. Flores, 632 F.3d 229 (5th Cir. 2011). Grant has not filed a response.