US v. Enrique Castillo-Felipe

Filing

UNPUBLISHED PER CURIAM OPINION filed. Originating case number: 6:10-cr-00045-HFF-1 Copies to all parties and the district court/agency. [998562902].. [10-4934]

Case: 10-4934

Document: 27

Date Filed: 04/07/2011

Page: 1

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 10-4934

UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
ENRIQUE CASTILLO-FELIPE,
Defendant - Appellant.

Appeal from the United States District Court for the District of
South Carolina, at Greenville. Henry F. Floyd, District Judge.
(6:10-cr-00045-HFF-1)

Submitted:

March 31, 2011

Decided:

April 7, 2011

Before KING, KEENAN, and WYNN, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Lora E. Collins, Assistant Federal Public Defender, Greenville,
South Carolina, for Appellant.
Maxwell B. Cauthen, III,
Assistant United States Attorney, Greenville, South Carolina,
for Appellee.

Unpublished opinions are not binding precedent in this circuit.

Case: 10-4934

Document: 27

Date Filed: 04/07/2011

Page: 2

PER CURIAM:
Enrique Castillo-Felipe pleaded guilty to one count of
illegal reentry by a deported felon in violation of 8 U.S.C.
§ 1326(a), (b)(2) (2006).
be

imprisoned

for

a

term

The district court sentenced him to
of

forty-six

months.

On

appeal,

Castillo-Felipe’s counsel filed a brief pursuant to Anders v.
California, 386 U.S. 738 (1967), in which she states that she
finds

no

meritorious

issues

issues to our attention:

for

appeal.

Counsel

calls

two

(1) whether the district court fully

complied with the dictates of Fed. R. Crim. P. 11 in taking
Castillo-Felipe’s guilty plea; and (2) whether Castillo-Felipe’s
sentence was unreasonable.
response.

The Government elected to file no

Castillo-Felipe was advised of his right to file a

pro se supplemental brief, but has not filed a brief.
Our review of the record leads us to conclude that
Castillo-Felipe has no valid claim to relief.

Because Castillo-

Felipe did not move in the district court to withdraw his guilty
plea, the Rule 11 hearing is reviewed for plain error.

United

States v. Martinez, 277 F.3d 517, 525-26 (4th Cir. 2002).

“To

establish plain error, [Castillo-Felipe] must show that an error
occurred, that the error was plain, and that the error affected
his substantial rights.”
247, 249 (4th Cir. 2007).

United States v. Muhammad, 478 F.3d
Even if Castillo-Felipe satisfies

these requirements, “correction of the error remains within [the
2

Case: 10-4934

Document: 27

Date Filed: 04/07/2011

Page: 3

Court’s] discretion, which [the Court] should not exercise . . .
unless the error seriously affect[s] the fairness, integrity, or
public

reputation

of

judicial

proceedings.”

Id.

(internal

quotation marks and citation omitted).
The

district

court

failed

to

inform

Castillo-Felipe

that it would consider the sentencing factors under 18 U.S.C.
§ 3553(a) (2006) in determining his sentence or that he had the
right to appointed counsel and to have counsel present at every
stage of the proceeding.

These errors do not rise to the level

of plain error in this case because the record does not evidence
a reasonable probability that, but for the errors, CastilloFelipe

would

not

have

entered

his

plea

of

guilty.

United

States v. Massenburg, 564 F.3d 337, 343 (4th Cir. 2009).
We review a district court’s imposition of a sentence
under

a

United

deferential
States,

within-Guidelines
reasonableness.
Cir. 2007).

552

abuse
U.S.

sentence

of

discretion

38,

51

is

standard.

(2007).
afforded

Gall

v.

Castillo-Felipe’s
a

presumption

of

United States v. Allen, 491 F.3d 178, 193 (4th

We have found nothing in the record to rebut that

presumption.
In accordance with Anders, we have reviewed the record
in this case and have found no meritorious issues for appeal.
We therefore affirm Castillo-Felipe’s conviction and sentence.
This

court

requires

that

counsel
3

inform

Castillo-Felipe,

in

Case: 10-4934

writing,

of

the

Document: 27

right

to

Date Filed: 04/07/2011

petition

United States for further review.
that

a

petition

be

filed,

but

the

Page: 4

Supreme

Court

of

the

If Castillo-Felipe requests

counsel

believes

that

such

a

petition would be frivolous, then counsel may move in this court
for leave to withdraw from representation.

Counsel’s motion

must state that a copy thereof was served on Castillo-Felipe.
We dispense with oral argument because the facts and
legal
before

contentions
the

court

are

adequately

and

argument

presented

would

not

in
aid

the
the

materials
decisional

process.
AFFIRMED

4