Filed: Feb. 25, 2016
Latest Update: Mar. 02, 2020
Summary: Case: 15-40948 Document: 00513396256 Page: 1 Date Filed: 02/25/2016 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit No. 15-40948 FILED Summary Calendar February 25, 2016 Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee v. TIMOTHY GLENN WILLIAMS, Defendant-Appellant Appeal from the United States District Court for the Southern District of Texas USDC No. 5:14-CR-363 Before KING, CLEMENT, and OWEN, Circuit Judges. PER CURIAM:
Summary: Case: 15-40948 Document: 00513396256 Page: 1 Date Filed: 02/25/2016 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit No. 15-40948 FILED Summary Calendar February 25, 2016 Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee v. TIMOTHY GLENN WILLIAMS, Defendant-Appellant Appeal from the United States District Court for the Southern District of Texas USDC No. 5:14-CR-363 Before KING, CLEMENT, and OWEN, Circuit Judges. PER CURIAM: *..
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Case: 15-40948 Document: 00513396256 Page: 1 Date Filed: 02/25/2016
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
United States Court of Appeals
Fifth Circuit
No. 15-40948 FILED
Summary Calendar February 25, 2016
Lyle W. Cayce
Clerk
UNITED STATES OF AMERICA,
Plaintiff-Appellee
v.
TIMOTHY GLENN WILLIAMS,
Defendant-Appellant
Appeal from the United States District Court
for the Southern District of Texas
USDC No. 5:14-CR-363
Before KING, CLEMENT, and OWEN, Circuit Judges.
PER CURIAM: *
The Federal Public Defender appointed to represent Timothy Glenn
Williams 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). Williams 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 Williams’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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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: 15-40948 Document: 00513396256 Page: 2 Date Filed: 02/25/2016
No. 15-40948
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