Anders procedures apply to motions to enforce appeal waiver provisions of plea agreement

APPEAL/GUILTY PLEA United States v. Serrano-Leon, No. 06-3195, ___ F.3d ___ (10th Cir. Feb. 8, 2007)(Kansas). Appeal of district court’s denial of motion to withdraw guilty plea to aiding and abetting interstate communication of a threat in violation of 18 U.S.C. § 875(c) and 18 U.S.C. § 2. HELD: Under reasoning of Anders v. California, 386 U.S. 738, 744 (1967) (authorizing counsel to request permission to withdraw after counsel conscientiously examines case and determines that appeal would be wholly frivolous), where government moves to enforce appeal waiver provisions of plea agreement, and appellant’s counsel submits statement that there are no meritorious grounds to oppose government’s motion, appellant must be allowed opportunity to submit pro se response because appellate court’s ruling on government’s motion could be dispositive (i.e., case may be dismissed). Read the opinion here.