United States v. Caesar Salinas

Case: 09-51088 Document: 00511364601 Page: 1 Date Filed: 01/28/2011 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit FILED January 28, 2011 No. 09-51088 Summary Calendar Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee v. CAESAR HUMBERTO SALINAS, Defendant-Appellant Appeal from the United States District Court for the Western District of Texas USDC No. 6:08-CR-4-7 Before WIENER, PRADO, and OWEN, Circuit Judges. PER CURIAM:* The attorney appointed to represent Caesar Humberto Salinas has moved for leave to withdraw and has filed a brief in accordance with Anders v. California, 386 U.S. 738 (1967). Salinas has not filed a response. We do not enforce the appeal waiver in light of the district court’s failure to admonish Salinas of its consequences. Nevertheless, our independent review of the record and counsel’s brief discloses no nonfrivolous issue for appeal. Accordingly, counsel’s motion for leave to withdraw is GRANTED, counsel is excused from * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR .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: 09-51088 Document: 00511364601 Page: 2 Date Filed: 01/28/2011 No. 09-51088 further responsibilities herein, and the APPEAL IS DISMISSED. See 5 TH C IR. R. 42.2. 2