United States v. Polanco-Ozorto, No. 13-41272 (5th Cir. 2014)
Annotate this CaseDefendant pleaded guilty to being an alien unlawfully found in the United States after deportation. The Federal Public Defender appointed to represent defendant moved for leave to withdraw and has filed a brief in accordance with Anders v. California. At issue was where a criminal defendant who has pleaded guilty signs a statement indicating that he wishes to appeal only his sentence, and where defendant's appellate counsel files an Anders brief addressing only issues related to sentencing, may defendant raise issues related to his guilty plea and conviction in response to the Anders brief. The court held that defendant may not, and that under such circumstances, the court will only consider the issues addressed in the Anders brief. The court granted counsel's motion for leave to withdraw and dismissed the appeal.
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