USA v. Carlos Arredondo, No. 17-40058 (5th Cir. 2018)

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The court issued a subsequent related opinion or order on April 9, 2018.

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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 Summary Calendar FILED March 28, 2018 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. 2

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