United States v. Pina-Carrillo ( 2022 )

Case: 22-40093 Document: 00516486313 Page: 1 Date Filed: 09/27/2022
United States Court of Appeals
for the Fifth Circuit United States Court of Appeals
Fifth Circuit
FILED
September 27, 2022
No. 22-40093 Lyle W. Cayce
Summary Calendar Clerk
United States of America,
Plaintiff—Appellee,
versus
Jairo Esnid Pina-Carrillo,
Defendant—Appellant.
Appeal from the United States District Court
for the Southern District of Texas
USDC No. 7:21-CR-1682-1
Before Smith, Dennis, and Southwick, Circuit Judges.
Per Curiam:*
The Federal Public Defender appointed to represent Jairo Esnid Pina-
Carrillo has moved for leave to withdraw and has filed a brief in accordance
with Anders v. California, 386 U.S. 738 (1967), and United States v. Flores, 632
F.3d 229 (5th Cir. 2011). Pina-Carrillo has not filed a response. We have
*
Pursuant to 5th Circuit Rule 47.5, the court has determined that this
opinion should not be published and is not precedent except under the limited
circumstances set forth in 5th Circuit Rule 47.5.4.
Case: 22-40093 Document: 00516486313 Page: 2 Date Filed: 09/27/2022
No. 22-40093
reviewed counsel’s brief and the relevant portions of the record reflected
therein.
Because counsel’s Anders brief pretermits discussion of whether there
are nonfrivolous grounds to challenge Pina-Carrillo’s guilty plea and
conviction, we must determine whether “the record reflects that the
defendant has chosen not to challenge the plea.” United States v. Polanco-
Ozorto, 772 F.3d 1053, 1054 (5th Cir. 2014) (quoting United States v. Garcia,
483 F.3d 289, 289 (5th Cir. 2007)). Our Court has held that “a written
statement by the defendant that after receiving the advice of counsel he does
not wish to challenge his guilty plea” will suffice. Id. (quoting Garcia, 483
F.3d at 291). Here, Pina-Carrillo signed a written statement declaring that
he understands that he has the right to appeal both his conviction and
sentence, the right to have the assistance of appointed counsel on appeal, and
the right not to pay for the appeal. The statement further declares that he
discussed his appeal rights with his attorney and that he wishes to appeal only
his sentence. This suffices to show that Pina-Carrillo validly waived his right
to appeal his conviction. See id. at 1055.
With respect to Pina-Carrillo’s sentence, we concur with counsel’s
assessment that the appeal presents no nonfrivolous issue for appellate
review. Accordingly, counsel’s motion for leave to withdraw is
GRANTED, counsel is excused from further responsibilities herein, and
the APPEAL IS DISMISSED. See 5th Cir. R. 42.2.
2