Federal Judiciary

United States v. Whitley, No. 05-3359-cr (2d Cir. Jan. 15, 2007) (found here )

Whitley's attorney filed a motion to withdraw pursuant to Anders v. California, 386 U.S. 738 (1967) on the ground that there are no non-frivolous grounds for appeal.  The Second Circuit let counsel out of the representation, but just barely.

Specifically, the Second Circuit found that the Anders brief "is minimally sufficient."  However, "given the poor quality of the briefing in this matter and [the attorney's] repeated failures to comply with this Court's Anders requirements, she is hereby warned that future failure to properly discharge her duties under Anders may result in sanctions, which could include removal from this Court's Criminal Justice Act Panel."

Have you ever seen the Second Circuit use an opinion (even an unpublished one) to specifically warn an individual attorney?