United States Fifth Circuit

An Anders motion to withdraw as counsel by defendant's federal public defender is denied without prejudice where: 1) counsel's Acquaye statement did not indicate that he had consulted with the United States Attorney-s Office (USAO) as to defendant's case; 2) there was no indication that the USAO will enforce the appellate waiver; and 3) counsel could not simply rely on the USAO's statement that they will enforce the appeal waiver in all cases.

Appellate Information

• Decided 06/03/2008
• Published 06/03/2008

Judges

• PER CURIAM:, Before DAVIS, SMITH and DeMOSS, Circuit Judges.

Court

• United States Fifth Circuit

Counsel

• For Appellant:
  
• Susan B. Cowger, Jordan Andrew Konig, Dallas, TX, for U.S., Jason Douglas Hawkins, Sam L. Ogan, Asst. Fed. Pub. Def., Dallas, TX, for Davis.