Automated Summary
Key Facts
Tamara Starks appealed from a criminal conviction in the United States District Court for the Northern District of Texas (USDC No. 4:24-CR-218-1). The Federal Public Defender was appointed to represent Starks and moved for leave to withdraw, filing an Anders brief stating the appeal presented no nonfrivolous issue for appellate review. The Fifth Circuit reviewed counsel's brief and relevant portions of the record, concurred with counsel's assessment, granted the motion to withdraw, excused counsel from further responsibilities, and dismissed the appeal in accordance with 5TH CIR. R. 42.2.
Issues
The court reviewed the appeal and found no nonfrivolous issues warranting appellate review, resulting in dismissal of the appeal.
Holdings
The Fifth Circuit granted the Federal Public Defender's motion to withdraw from representing Tamara Starks and dismissed the appeal, finding no nonfrivolous issues for appellate review.
Remedies
- The appeal is dismissed because it presents no nonfrivolous issue for appellate review
- The court granted counsel's motion for leave to withdraw and excused them from further responsibilities
Legal Principles
The court applied the Anders v. California standard for withdrawal of appointed counsel, reviewing counsel's brief and record to determine if any nonfrivolous issues existed for appellate review. The court granted the motion for leave to withdraw counsel and dismissed the appeal pursuant to 5TH CIR. R. 42.2.
Precedent Name
- Anders v. California
- United States v. Flores
Judge Name
- Judge Graves
- Judge Haynes
- Judge Oldham
Passage Text
- The Federal Public Defender appointed to represent Tamara Starks has moved for leave to withdraw and has filed a brief in accordance with Anders v. California, 386 U.S. 738 (1967), and United States v. Flores, 632 F.3d 229 (5th Cir. 2011). Starks has not filed a response. We have reviewed counsel's brief and the relevant portions of the record reflected therein.
- We concur with counsel's assessment that the appeal presents no nonfrivolous issue for appellate review. Accordingly, counsel's motion for leave to withdraw is GRANTED, counsel is excused from further responsibilities herein, and the appeal is DISMISSED. See 5TH CIR. R. 42.2.