UNITED STATES v. PINSON (2021)

United States Court of Appeals, Fifth Circuit.2021-05-11No. No. 20-40154

Summary · law.co

Holding. The motion to withdraw was granted and counsel was excused from further participation; the appeal was dismissed. Pinson's motion for appointment of substitute counsel was denied as untimely.

Pinson's appointed counsel filed a motion to withdraw from representation and submitted a brief following the procedures outlined in Anders v. California. Pinson responded and requested that substitute counsel be appointed. The court reviewed counsel's brief, the record, and Pinson's response to determine whether any viable appellate issues existed.

The court determined that the appeal raised no nonfrivolous issues suitable for appellate review. The court therefore allowed counsel to withdraw and terminated the appeal. Pinson's request for substitute counsel was rejected as untimely.

Summary generated by law.co from the public-domain opinion. The opinion text itself is public domain.

Key issues

Whether appellate counsel may withdraw when no nonfrivolous issues exist for review
Timeliness of request for substitute counsel
Ineffective assistance of counsel claim

Procedural posture

A criminal appeal in which appointed counsel sought to withdraw after concluding no viable appellate issues existed, and Pinson requested substitute counsel.

Authorities cited

No cited authorities resolved to law.co cases yet.

Opinion · public domain

The attorney appointed to represent Brandon Jamal Pinson has moved for leave to withdraw and has filed a brief in accordance with Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), and United States v. Flores, 632 F.3d 229 (5th Cir. 2011). Pinson has filed a response and a request for appointment of substitute counsel. The record is not sufficiently developed to allow us to make a fair evaluation of Pinsons claim of ineffective assistance of counsel; we therefore decline to consider the claim without prejudice to collateral review. See United States v. Isgar, 739 F.3d 829, 841 (5th Cir. 2014).

We have reviewed counsels brief and the relevant portions of the record reflected therein, as well as Pinsons response. We concur with counsels assessment that the appeal presents no nonfrivolous issue for appellate review. Accordingly, the 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. Pinsons motion for appointment of substitute counsel is DENIED as untimely. See United States v. Wagner, 158 F.3d 901, 902-03 (5th Cir. 1998).

FOOTNOTES

FOOTNOTE

Per Curiam:*

FN* Pursuant to 5th Circuit Rule 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Circuit Rule 47.5.4.