United States v. Judith Williams ( 2015 )

Case: 15-40426 Document: 00513270031 Page: 1 Date Filed: 11/13/2015
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 15-40426
Summary Calendar
United States Court of Appeals
Fifth Circuit
FILED
November 13, 2015
UNITED STATES OF AMERICA,
Lyle W. Cayce
Clerk
Plaintiff-Appellee
v.
JUDITH LEE WILLIAMS,
Defendant-Appellant
Appeal from the United States District Court
for the Eastern District of Texas
USDC No. 4:13-CR-63
Before KING, CLEMENT, and OWEN, Circuit Judges.
PER CURIAM: *
Judith Lee Williams appeals her guilty plea conviction for conspiracy to
produce child pornography and production of child pornography. Williams
argues that her guilty plea and the waiver of her appellate rights were not
knowing and voluntary. The Government moves to summarily dismiss the
appeal as barred by the appeal waiver or, in the alternative, moves for an
extension of time to file a brief.
* 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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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: 15-40426 Document: 00513270031 Page: 2 Date Filed: 11/13/2015
No. 15-40426
We reject the Government’s request for summary dismissal because the
issue requires individualized consideration of the facts of Williams’s case.
United States v. Holy Land Found. for Relief & Dev., 445 F.3d 771, 781 (5th
Cir. 2006); see also United States v. Taylor, 631 F.2d 419, 420 n.1 (5th Cir.
1980). Williams’s claim survives the waiver because this court will not enforce
an appeal waiver unless the guilty plea was informed and voluntary. See
United States v. Dees, 125 F.3d 261, 269 (5th Cir. 1997). Nevertheless, the
signed plea agreement and rearraignment transcript show that Williams freely
and knowingly pleaded guilty and waived her appellate rights. See United
States v. Portillo, 18 F.3d 290, 292 (5th Cir. 1994); United States v. Guerra, 94
F.3d 989, 995 (5th Cir. 1996). Accordingly, the judgment of the district court
is AFFIRMED. The Government’s motion for summary dismissal is DENIED.
The alternative motion for an extension of time to file a brief is DENIED as
unnecessary.
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