USA v. Saul Latin, No. 15-41093 (5th Cir. 2016)

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Case: 15-41093 Document: 00513421195 Page: 1 Date Filed: 03/11/2016 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 15-41093 Summary Calendar United States Court of Appeals Fifth Circuit FILED March 11, 2016 UNITED STATES OF AMERICA, Plaintiff-Appellee Lyle W. Cayce Clerk v. SAUL LATIN, true name Saul Adrian Latin, Defendant-Appellant Appeal from the United States District Court for the Southern District of Texas USDC No. 5:15-CR-74-1 Before WIENER, HIGGINSON, and COSTA, Circuit Judges. PER CURIAM: * The Federal Public Defender appointed to represent Saul Latin 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). Latin 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 Latin’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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 15-41093 Document: 00513421195 Page: 2 Date Filed: 03/11/2016 No. 15-41093 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 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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