USA v. Sonia Mujica

Filing

UNPUBLISHED OPINION FILED. [12-51115 Vacated and Remanded] Judge: WED , Judge: EMG , Judge: JLD. Mandate pull date is 03/21/2014 for Appellant Sonia C. Talledos Mujica [12-51115]

Case: 12-51115

Document: 00512548271

Page: 1

Date Filed: 02/28/2014

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT

No. 12-51115

United States Court of Appeals
Fifth Circuit

FILED
February 28, 2014
Lyle W. Cayce
Clerk

UNITED STATES OF AMERICA,
Plaintiff-Appellee,

v.
SONIA C. TALLEDOS-MUJICA,

Defendant-Appellant.

Appeal from the United States District Court
for the Western District of Texas
USDC No. 3:12-CR-1242-1

Before DAVIS, GARZA and DENNIS, Circuit Judges.
PER CURIAM: *
Defendant Sonia C. Talledos-Mujica (“Talledos-Mujica”) appeals from
the district court’s denial of her motion to withdraw her guilty plea.

Following

that denial, the district court entered a final judgment of conviction and
sentenced her to three years of probation.

For the reasons stated in United

States v. Urias-Marrufo, — F.3d — (5th Cir. 2014), also decided today, we
vacate and remand.

Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH
CIR. R. 47.5.4.
*

Case: 12-51115

Document: 00512548271

Page: 2

Date Filed: 02/28/2014

No. 12-51115
I.
Talledos-Mujica is a permanent resident of the United States, not a
citizen.

On May 4, 2012, while trying to enter the United States from Mexico

at a Port of Entry in El Paso, Texas, she was arrested and charged with
illegally transporting a minor, a national of Mexico.
counsel on May 8, 2012.

She was appointed

On May 23, 2012, she was indicted, and on July 27,

2012, she entered a guilty plea before the magistrate judge pursuant to a plea
agreement, acknowledging potential immigration consequences.
Following the entry of her guilty plea but prior to sentencing, TalledosMujica retained new counsel, then filed a motion to withdraw her guilty plea.
She asserted by affidavit that her former appointed attorney had never told
her that she would definitely be deported as a consequence of pleading guilty
and indeed had not told her of any immigration consequences of the plea.

She

also claimed that if she had known of the certain consequences, she would not
have pled guilty.
Thus, Talledos-Mujica clearly presented a claim under Padilla, argued
that her guilty plea was not knowing and voluntary, and alleged facts that, if
true, could support relief. Nevertheless, the district court analyzed her claims
only under the “close assistance of counsel” factor from the non-exclusive
considerations set out in United States v. Carr, 740 F.2d 339 (5th Cir. 1984),
and refused to address the Padilla claim outside of a collateral proceeding or
make findings of fact on that claim.

Thus, the district court denied her motion

to withdraw under Carr and sentenced her to three years of probation. She
now appeals the district court’s denial of her motion to withdraw her guilty
plea.

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Case: 12-51115

Document: 00512548271

Page: 3

Date Filed: 02/28/2014

No. 12-51115
II.
For the reasons stated in United States v. Urias-Marrufo, — F.3d — (5th
Cir. 2014), also decided today, we conclude that the district court erred in
holding that it could not address Talledos-Mujica’s Padilla claim directly, only
in a collateral proceeding.

Talledos-Mujica presented both her Padilla claim

and facts which, if true, could support relief.

Thus, we vacate and remand for

the district court to address her Padilla claim, including making findings of
fact.

As in Urias-Marrufo, the district court has discretion to hold an

additional evidentiary hearing but is not required to do so. We remand only
for the district court to consider additional evidence if needed and, for the first
time, address Talledos-Mujica’s squarely presented Padilla claim.
III.
Accordingly, we vacate and remand for further proceedings consistent
with this opinion.

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Case: 12-51115

Document: 00512548271

Page: 4

Date Filed: 02/28/2014

No. 12-51115
EMILIO M. GARZA, Circuit Judge, specially concurs for the reasons
stated in his special concurrence in United States v. Urias-Marrufo, — F.3d —
(5th Cir. 2014).

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