United States v. Buddy Anderson

Case: 11-10986 Document: 00512146249 Page: 1 Date Filed: 02/19/2013
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT United States Court of Appeals
Fifth Circuit
FILED
February 19, 2013
No. 11-10986
Conference Calendar Lyle W. Cayce
Clerk
UNITED STATES OF AMERICA,
Plaintiff-Appellee
v.
BUDDY WAYNE ANDERSON,
Defendant-Appellant
Appeal from the United States District Court
for the Northern District of Texas
USDC No. 3:11-CR-104-1
Before KING, CLEMENT, and HAYNES, Circuit Judges.
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 (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
*
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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 11-10986 Document: 00512146249 Page: 2 Date Filed: 02/19/2013
No. 11-10986
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
APPEAL IS DISMISSED. See 5TH CIR. R. 42.2.
2