USA v. Jonathan Budowski

[DO NOT PUBLISH]

IN THE UNITED STATES COURT OF APPEALS

FOR THE ELEVENTH CIRCUIT
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No. 19-1 3967
Non-Argument Calendar
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D.C. Docket No. 8:18-cr-00204-SDM-SPF-1

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

JONATHAN BUDOWSKI,

Defendant-Appellant.
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Appeal from the United States District Court
for the Middle District of Florida
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(October 27, 2020)

Before JILL PRYOR, BRANCH, and BRASHER, Circuit Judges.

PER CURIAM:

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Jason Mayberry moved to withdraw from further representation of Jonathan
Budowski in his direct criminal appeal. In support of that motion, Mayberry filed a
brief pursuant to Anders v. California, 386 U.S. 738 (1967). Budowski responded,
citing to one alleged non-frivolous ground for appeal. He also requested an extension
to file a fuller response once the Covid-19 lockdown has ended at FCI Jesup and he
once again has access to a law library. We granted Budowski two extensions, but he
did not file another response by the deadline.
The Anders procedure is not constitutionally compelled, rather it safeguards
“the constitutional right to appellate counsel announced in Douglas.” Smith v.
Robbins, 528 U.S. 259, 273 (2000). To satisfy any constitutional concerns, Anders
requires that the reviewing court 1. “satisfy itself that the attorney has provided the
client with a diligent and thorough search of the record for any arguable claim that
might support the client’s appeal”; and 2. determine, based on an independent review
of the record, that “counsel has correctly concluded that the appeal is frivolous.”
McCoy v. Court of Appeals of Wis., Dist. 1, 486 U.S. 429, 442 (1988). Here,
Mayberry properly filed an Anders brief citing to all relevant portions of the record.
We then engaged in an independent review of the entire record and agree with
counsel’s assessment that any appeal would be frivolous. Accordingly, the Anders
requirements have been satisfied and counsel’s motion to withdraw is GRANTED.
Budowski’s convictions and sentences are AFFIRMED.
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