United States v. Salinas

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 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.