United States v. Salinas

Opinion

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 98-30130 Summary Calendar

UNITED STATES of AMERICA,

Plaintiff-Appellee,

versus

SANTIAGO SALINAS, Defendant-Appellant.

Appeal from the United States District Court for the Western District of Louisiana (96-CR-20021-1)

May 28, 1999

Before HIGGINBOTHAM, JONES, and DENNIS, Circuit Judges.

PER CURIAM:*

Santiago Salinas pleaded guilty to conspiracy to possess

cocaine with intent to distribute. He then filed a notice of

appeal. Salinas’ court-appointed trial counsel filed a motion for

leave to withdraw on the ground that the appeal was frivolous

because the appellant had entered a voluntary plea of guilty and

the district court’s denial of a downward departure was not

reviewable on appeal. In his brief in support of his motion to

withdraw, counsel demonstrated that he had conscientiously examined

* 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. the record, and knew of no arguable issues which could be presented

on appeal.

The Court advised the appellant of his right under Anders v.

California, 386 U.S. 738 (1967) to answer counsel's motion by

filing a response setting forth any points he claims are

appealable. The appellant failed to submit any such brief or

reply.

In conformity with the guidelines established by Anders, we

have reviewed the record and are impelled to agree with counsel's

characterization of the appeal as totally frivolous. Accordingly,

we dismiss the appeal and grant counsel's motion to withdraw.

DISMISSED.