United States v. Litts ( 2023 )

Case: 23-10404 Document: 00516992135 Page: 1 Date Filed: 12/06/2023
United States Court of Appeals
for the Fifth Circuit
____________
United States Court of Appeals
Fifth Circuit
No. 23-10404
Summary Calendar FILED
____________ December 6, 2023
Lyle W. Cayce
United States of America, Clerk
Plaintiff—Appellee,
versus
Cory Litts,
Defendant—Appellant.
______________________________
Appeal from the United States District Court
for the Northern District of Texas
USDC No. 4:22-CR-213-3
______________________________
Before King, Haynes, and Graves, Circuit Judges.
Per Curiam: *
Cory Litts appeals his conviction for possession with intent to
distribute a controlled substance. Litts entered his guilty plea pursuant to a
written plea agreement, wherein he waived his right to appeal with limited
exceptions. He argues that his guilty plea was not knowingly and voluntarily
made because the magistrate judge did not fully explain the waiver provision
_____________________
*
This opinion is not designated for publication. See 5th Cir. R. 47.5.
Case: 23-10404 Document: 00516992135 Page: 2 Date Filed: 12/06/2023
No. 23-10404
to him during rearraignment in accordance with Federal Rule of Criminal
Procedure 11(b)(1)(N).
Our review is for plain error. United States v. Vonn, 535 U.S. 55, 58-
59 (2002). To show plain error, Litts must show a forfeited error that is clear
or obvious and that affects his substantial rights. See Puckett v. United States,
556 U.S. 129, 135 (2009). If he makes such a showing, this court has the
discretion to correct the error but only if it seriously affects the fairness,
integrity, or public reputation of judicial proceedings. See id.The record confirms that Litts read and understood the plea
agreement, was aware that he had a right to appeal and that he was giving up
that right, and that he knew the consequences of giving up that right. See
United States v. Higgins, 739 F.3d 733, 736 (5th Cir. 2014). Thus, he has not
demonstrated any clear or obvious error regarding the waiver or his plea. See
Puckett, 556 U.S. at 135.
The judgment of the district court is AFFIRMED.
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