Legal Opinion

United States v. Cervantes

Court of Appeals for the Tenth Circuit

Decided May 22, 2015No. 14-5053PublishedCited by 3 opinions

1Opinion of the Court

ORDER

MONROE G. McKAY, Circuit Judge.

Defendant Ezequiel Perez Cervantes pled guilty to two drug-related counts and two firearm-related counts. At sentencing, Defendant received a significant downward departure under U.S.S.G. § 5K1.1 and was sentenced to a total sentence of 111 months of imprisonment. On appeal, Defendant’s appointed counsel seeks to withdraw as counsel pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), asserting there are no non-frivolous issues to appeal.

Anders authorizes defense counsel to seek permission to withdraw from representing a…

2Cases cited5 opinions

  1. Anders v. CaliforniaSupreme Court of the United States · 1967
  2. Mullane v. Central Hanover Bank & Trust Co.Supreme Court of the United States · 1950
  3. United States v. CalderonCourt of Appeals for the Tenth Circuit · 2005
  4. United States v. Ruben LeybaCourt of Appeals for the Second Circuit · 2004
  5. United States v. Francisco Moreno-TorresCourt of Appeals for the Fifth Circuit · 2014

3Cited by3 opinions

  1. M.A.K. Investment Group v. City of GlendaleCourt of Appeals for the Tenth Circuit · 2018
  2. M.A.K. Investment Group v. City of GlendaleCourt of Appeals for the Tenth Circuit · 2018
  3. United States v. VillanuevaCourt of Appeals for the Tenth Circuit · 2016

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