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United States v. McDade

Citation: 311 F. App'x 708Docket: No. 08-10523

Court: Court of Appeals for the Fifth Circuit; February 17, 2009; Federal Appellate Court

Narrative Opinion Summary

The Federal Public Defender representing Bobby Jerome McDade has requested permission to withdraw and submitted a brief under Anders v. California, indicating no viable issues for appeal. McDade did not respond to this motion. After reviewing the record and the brief, the court found no nonfrivolous issues for appeal. Consequently, the motion to withdraw is granted, counsel is relieved of further obligations, and the appeal is dismissed in accordance with 5th Circuit Rule 42.2. The court has also stated that this opinion will not be published and does not serve as precedent except in specific circumstances outlined in 5th Circuit Rule 47.5.4.

Legal Issues Addressed

Anders Brief Submission

Application: The Federal Public Defender submitted an Anders brief, asserting there are no viable issues for appeal.

Reasoning: The Federal Public Defender representing Bobby Jerome McDade has requested permission to withdraw and submitted a brief under Anders v. California, indicating no viable issues for appeal.

Non-Precedential Opinion

Application: The court's opinion will not be published and does not serve as precedent except under specific circumstances.

Reasoning: The court has also stated that this opinion will not be published and does not serve as precedent except in specific circumstances outlined in 5th Circuit Rule 47.5.4.

Withdrawal of Counsel

Application: The court granted the motion for the counsel's withdrawal after determining there were no nonfrivolous issues for appeal.

Reasoning: Consequently, the motion to withdraw is granted, counsel is relieved of further obligations, and the appeal is dismissed in accordance with 5th Circuit Rule 42.2.