United States v. Buddy Anderson

U.S. Court of Appeals for the Fifth Circuit
United States v. Buddy Anderson, 512 F. App'x 436 (5th Cir. 2013)

United States v. Buddy Anderson

Opinion

PER CURIAM: *

The attorney appointed to represent Buddy Wayne Anderson has moved for leave to withdraw and has filed a brief in accordance with Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), and United States v. Flores, 632 F.3d 229 (5th Cir. 2011). Anderson has filed a response. We have reviewed counsel’s brief and the relevant portions of the record reflected therein, as well as Anderson’s response. We concur with counsel’s assessment that the appeal presents no nonfrivolous issue for appellate review. Specifically, while the magistrate judge and plea agreement incorrectly advised Anderson concerning the relevant statutory minimum and maximum terms, the district court informed Anderson of the correct sentencing terms and provided him the opportunity to withdraw his guilty plea during the sentencing hearing. Anderson persisted in pleading guilty, however, thereby confirming the voluntariness of his plea and demonstrating that the misstatement concerning the sentencing terms did not affect his decision. Accordingly, counsel’s motion for leave to withdraw is GRANTED, counsel is excused from further responsibilities herein, and the AP *437 PEAL IS DISMISSED. See 5th Cir. R. 42.2.

*

Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.

Reference

Full Case Name
UNITED STATES of America, Plaintiff-Appellee v. Buddy Wayne ANDERSON, Defendant-Appellant
Status
Unpublished