United States v. Pesina-Rodriguez, No. 15-10749 (5th Cir. 2016)Annotate this Case
Defendant pleaded guilty to illegal reentry. On appeal, the court considered whether an Anders brief is appropriate when the defense lawyer filing it has confirmed that the government will file a meritorious motion to dismiss the appeal for being untimely. Here, given that the government position on whether to seek dismissal of an untimely appeal is outcome determinative, defendant's counsel conferred with the government and was informed that the government would seek to dismiss the appeal for being untimely. Following United States v. Acquaye, the court held that Anders requirements are satisfied when defense counsel has ascertained and certified that the government would file a meritorious motion to dismiss the appeal as untimely. Because counsel in this case has complied with this requirement, the court granted the motion and the appeal is dismissed as frivolous.