United States v. Salais-Velazquez

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT __________________ No. 99-50162 Summary Calendar __________________

UNITED STATES OF AMERICA, Plaintiff-Appellee, versus CRISPIN SALAIS-VELAZQUEZ, Defendant-Appellant.

______________________________________________ Appeal from the United States District Court for the Western District of Texas (EP-98-CR-1121-ALL-H) ______________________________________________ September 8, 1999 Before JOLLY, JONES, and BENAVIDES, Circuit Judges.

PER CURIAM:* The Federal Public Defender appointed to represent Crispin Salais-Velazquez moves to withdraw as appellate counsel and has filed a brief pursuant to Anders v. California, 386 U.S. 738 (1967). Counsel addresses only the sentence adjudged against Salais. Salais was convicted on a guilty plea of illegal reentry following deportation in violation of 8 U.S.C. section 1326. He has not filed a response.

Salais directed his counsel to appeal only his sentence. Our independent review of the brief and the record discloses no nonfrivolous issue. Accordingly, the motion to withdraw is GRANTED; counsel is excused from further responsibilities herein; and the appeal is DISMISSED. 5TH CIR. R. 42.2.

MOTION GRANTED; APPEAL DISMISSED