USA v. James Baldemoro, No. 15-20300 (5th Cir. 2016)

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Case: 15-20300 Document: 00513433632 Page: 1 Date Filed: 03/22/2016 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 15-20300 Summary Calendar United States Court of Appeals Fifth Circuit FILED March 22, 2016 UNITED STATES OF AMERICA, Plaintiff-Appellee Lyle W. Cayce Clerk v. JAMES BALDEMORO, Defendant-Appellant Appeal from the United States District Court for the Southern District of Texas USDC No. 4:14-CR-86-1 Before DAVIS, JONES, and GRAVES, Circuit Judges. PER CURIAM: * The Federal Public Defender appointed to represent James Baldemoro 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). Baldemoro has not filed a response. We have reviewed counsel’s brief and the relevant portions of the record reflected therein. While counsel addresses the validity of Baldemoro’s appeal 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 15-20300 Document: 00513433632 Page: 2 Date Filed: 03/22/2016 No. 15-20300 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 thus concur with 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. 2

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