Anthony S. Austin v. United States (513 U.S. 5)
U.S. Supreme Court · decided October 31, 1994 · Supreme Court Database (Spaeth)
- Citation
- 513 U.S. 5 · 115 S. Ct. 380
- Decided
- October 31, 1994
- Term
- October Term 1994
- Vote
- 9–0
- Issue area
- Civil Rights
- Disposition
- Stay, petition, or motion granted
- Outcome
- Petitioning party won
- Ideological direction
- Conservative
Opinion excerpt
Per Curiam. Anthony Austin pleaded guilty to possession of crack cocaine with intent to distribute and was sentenced to 151 months’ imprisonment. On appeal to the Fourth Circuit, Thomas Cochran, who had been appointed as Austin’s counsel pursuant to the Criminal Justice Act of 1964, 18 U. S. C. § 3006A, submitted a brief in accordance with Anders v. California, 386 U. S. 738 (1967). That brief raised the issue of sentence computation, but concluded that no meritorious issues existed for appeal. The Fourth Circuit affirmed Austin’s conviction and sentence. Cochran then informed Austin of the right to petition for certiorari. Austin responded with a request to file a petition on his behalf. In advance of the deadline for filing the petition, Cochran applied to this Court for leave to withdraw as counsel. We grant his application. The Criminal Justice Act directs each district court, with the approval of the judicial council of the Circuit, to implement “a plan for furnishing representation for any person financially unable to obtain adequate representation.” 18 U. S. C. § 3006A(a). The Fourth Circuit plan contains a provision governing the duration of service by appointed counsel. Specifically, it provides: “2. Appellate Counsel. Every attorney, including retained counsel, who represents a defendant in this court shall continue to represent his client after termination of the…
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