United States v. Aurelio Valenzuela-Bustillos ( 2019 )

Case: 18-50090 Document: 00514795726 Page: 1 Date Filed: 01/15/2019
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 18-50090 United States Court of Appeals
c/w No. 18-50091
Fifth Circuit
FILED
Conference Calendar January 15, 2019
Lyle W. Cayce
UNITED STATES OF AMERICA, Clerk
Plaintiff-Appellee
v.
AURELIO VALENZUELA-BUSTILLOS,
Defendant-Appellant
Appeals from the United States District Court
for the Western District of Texas
USDC No. 4:12-CR-542-2
USDC No. 4:17-CR-267-1
Before HIGGINSON, COSTA, and HO, Circuit Judges.
PER CURIAM: *
The Federal Public Defender appointed to represent Aurelio Valenzuela-
Bustillos 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). Aurelio Valenzuela-Bustillos has not filed a response.
* Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH
CIR. R. 47.5.4.
Case: 18-50090 Document: 00514795726 Page: 2 Date Filed: 01/15/2019
No. 18-50090
c/w No. 18-50091
We have reviewed counsel’s brief and the relevant portions of the record
reflected therein. The Anders brief pretermits discussion of Valenzuela-
Bustillos’s guilty plea and revocation of supervised release pursuant to United
States v. Garcia, 483 F.3d 289, 291 (5th Cir. 2007), on the ground that
Valenzuela-Bustillos indicated in writing that he wished to appeal only his
sentences. A copy of the purported Garcia waiver is attached to the brief, but
the document does not make clear whether Valenzuela-Bustillos intended to
forgo a challenge to his guilty plea, his revocation, or both. Nevertheless,
Valenzuela-Bustillos has not disputed counsel’s characterization of the
document as applying to both. In addition, the record includes the transcripts
we needed to review the record independently, and our review has not
uncovered any nonfrivolous basis for challenging the guilty plea or the
revocation. See Anders, 386 U.S. at 744.
Thus, we concur with counsel’s assessment that the appeals present 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 APPEALS ARE DISMISSED. See 5TH CIR. R. 42.2.
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