United States v. Carlos Arredondo

Opinion

Case: 17-40058 Document: 00514406347 Page: 1 Date Filed: 03/28/2018

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

United States Court of Appeals Fifth Circuit

No. 17-40058

FILED

March 28, 2018

Summary Calendar

Lyle W. Cayce

Clerk

UNITED STATES OF AMERICA,

Plaintiff-Appellee

v.

CARLOS ALFREDO ARREDONDO,

Defendant-Appellant

Appeal from the United States District Court for the Southern District of Texas USDC No. 2:16-CR-413-1

Before WIENER, DENNIS, and SOUTHWICK, Circuit Judges. PER CURIAM: * The Federal Public Defender appointed to represent Carlos Alfredo Arredondo has moved for leave to withdraw and has filed a brief in accordance with Anders v. California, 386 U.S. 738 (1967), and United States v. Flores, 632 F.3d 229 (5th Cir. 2011). Arredondo has not filed a response.

We have reviewed counsel’s brief and the relevant portions of the record reflected therein. Although counsel addresses the validity of Arredondo’s

* 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 17-40058 Document: 00514406347 Page: 2 Date Filed: 03/28/2018

No. 17-40058

appeal waiver, counsel does not discuss the district court’s compliance with Federal Rule of Criminal Procedure 11. An appeal waiver in the plea agreement does not waive the district court’s compliance with Rule 11 or the need to brief this issue adequately in an Anders brief. See United States v. Carreon-Ibarra, 673 F.3d 358, 362 n.3 (5th Cir. 2012); see also United States v. Brown, 328 F.3d 787, 789-90 (5th Cir. 2003). Nevertheless, our independent review confirms that the guilty plea was knowing and voluntary. We therefore concur in counsel’s assessment that the appeal presents no nonfrivolous issue for appellate review. Accordingly, counsel’s motion for leave to withdraw is GRANTED, counsel is excused from further responsibilities herein, and the APPEAL IS DISMISSED. See 5TH CIR. R. 42.2.