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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 sought permission to withdraw and submitted a brief under Anders v. California, indicating no nonfrivolous issues for appeal. McDade did not respond. Upon independent review of the record and counsel's brief, the court found no grounds for appeal. Consequently, the court granted the motion to withdraw, excused counsel from further responsibilities, and dismissed the appeal. The opinion will not be published and is not considered precedent, except in specific limited circumstances.

Legal Issues Addressed

Dismissal of Appeal

Application: The court dismissed the appeal after finding no nonfrivolous issues for appeal.

Reasoning: Consequently, the court granted the motion to withdraw, excused counsel from further responsibilities, and dismissed the appeal.

Independent Judicial Review of Appeal

Application: The court conducted an independent review of the record and counsel's brief to determine the presence of any grounds for appeal.

Reasoning: Upon independent review of the record and counsel's brief, the court found no grounds for appeal.

Publication and Precedential Effect of Opinion

Application: The opinion was designated as unpublished and not considered precedent, except in specific limited circumstances.

Reasoning: The opinion will not be published and is not considered precedent, except in specific limited circumstances.

Withdrawal of Counsel under Anders v. California

Application: The Federal Public Defender is permitted to withdraw after filing a brief under Anders v. California, indicating no nonfrivolous issues for appeal.

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