United States v. Patrick Silfrain

U.S. Court of Appeals for the Eleventh Circuit

United States v. Patrick Silfrain

Opinion

USCA11 Case: 23-13877 Document: 77-1 Date Filed: 12/29/2025 Page: 1 of 3

NOT FOR PUBLICATION

In the United States Court of Appeals For the Eleventh Circuit ____________________ No. 23-13877 Non-Argument Calendar ____________________

UNITED STATES OF AMERICA, Plaintiff-Appellee, versus

PATRICK SILFRAIN, Defendant-Appellant. ____________________ Appeal from the United States District Court for the Middle District of Florida D.C. Docket No. 6:22-cr-00059-WWB-DCI-1 ____________________

Before ROSENBAUM, GRANT, and TJOFLAT, Circuit Judges. PER CURIAM: Patrick Silfrain pleaded guilty to one count of conspiracy to manufacture, distribute, and possess with intent to manufacture and distribute 400 grams or more of a mixture or substance USCA11 Case: 23-13877 Document: 77-1 Date Filed: 12/29/2025 Page: 2 of 3

2 Opinion of the Court 23-13877

containing fentanyl and 100 grams of more of a mixture or sub- stance containing fentanyl analogue, in violation of 21 U.S.C. §§ 846 and 841(b)(1)(A). He was sentenced to 262 months’ imprison- ment followed by 5 years of supervised release. Silfrain subse- quently filed a pro se notice of appeal, and Andrew Searle was ap- pointed as counsel for the appeal. Searle now moves to withdraw from further representation of Silfrain pursuant to Anders v. Califor- nia, 386 U.S. 738, 87 S. Ct. 1396 (1967). A lawyer’s “role as advocate requires that he support his cli- ent’s appeal to the best of his ability,” but where “counsel finds his [client’s] case to be wholly frivolous, after a conscientious exami- nation of it, he should so advise the court and request permission to withdraw.” Id. at 744, 87 S. Ct. at 1400. That request “must . . . be accompanied by a brief referring to anything in the record that might arguably support the appeal.” Id. Counsel should provide the brief to the client, and the client should be allowed time to respond. Id. At that point, “the court . . . proceeds, after a full examination of all the proceedings, to decide whether the case is wholly frivo- lous. If it so finds[,] it may grant counsel’s request to withdraw and dismiss the appeal insofar as federal requirements are concerned.” Id. Here, Searle met his duty under Anders. He filed a brief in which he “attempt[ed] to isolate and identify potential errors which, in the judgment of [Silfrain], another attorney, or the Court might arguably be found to be meritorious” but stated that he USCA11 Case: 23-13877 Document: 77-1 Date Filed: 12/29/2025 Page: 3 of 3

23-13877 Opinion of the Court 3

believes all potential issues are frivolous. He provided a copy to Silfrain, and Silfrain did not respond. Our independent review of the entire record reveals that Searle’s assessment of the relative merit of the appeal is correct and that there are no non-frivolous issues for our review. As such, we grant Searle’s motion to withdraw and affirm Silfrain’s conviction and sentence. GRANTED AND AFFIRMED.

Reference

Status
Unpublished