Circuit Rule 51: Summary Disposition of Certain Appeals by Convicted Persons; Waiver of Appeal

(a) Notice of Motion to Dismiss Pro Se Appeal. When a defendant appears pro se in a criminal appeal and the government moves to dismiss the appeal for a reason other than failure to file a brief on time, the clerk will send to the defendant by certified mail, return receipt requested, a copy of the motion with a notice in substantially the form set out in Appendix I to the Circuit Rules.

(b) Withdrawal of Counsel in a Criminal Case If No Non-Frivolous Grounds for Appeal. Court-appointed counsel in a direct criminal appeal who files a brief characterizing the appeal as frivolous and moves to withdraw (see Anders v. California, 386 U.S. 738 (1967); United States v. Edwards, 777 F.2d 364 (7th Cir. 1985)) must file with the brief a proof of service that includes the current address of the defendant. The clerk will send to the defendant by certified mail, return receipt requested, a copy of the brief and motion, with a notice in substantially the form set out in Appendix II to the Circuit Rules. The same procedure will be followed by court-appointed counsel and the clerk when a motion to dismiss the appeal has been filed by the appellee and the defendant’s counsel believes that any argument that could be made in opposition to the motion would be frivolous.

(c) Dismissal if No Response. If no response to a notice under paragraph (a) or (b) of this rule is received within 30 days after the mailing, the appeal may be dismissed.

(d) Incompetent Appellant. If, in a case in which paragraph (a) or (b) of this rule would otherwise be applicable, the defendant has been found incompetent or there is reason to believe that person is incompetent, the motion must so state and the matter will be referred directly to the court by the clerk for such action as law and justice may require.

(e) Voluntary Waiver of Appeal. Notwithstanding the preceding paragraphs, if the defendant consents to dismissal of the appeal after consultation with counsel, the appeal may be dismissed upon the filing of a motion accompanied by an executed acknowledgment and consent in substantially the form set out in Appendix III to the Circuit Rules. See Fed. R. App. P. 42(b).