USA v. Santos Salinas, No. 16-50013 (5th Cir. 2016)

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Case: 16-50013 Document: 00513804099 Page: 1 Date Filed: 12/20/2016 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 16-50013 Conference Calendar United States Court of Appeals Fifth Circuit FILED December 20, 2016 UNITED STATES OF AMERICA, Plaintiff-Appellee Lyle W. Cayce Clerk v. SANTOS SALINAS, also known as Tito, also known as Santos Salinas, Jr., Defendant-Appellant Appeal from the United States District Court for the Western District of Texas USDC No. 1:15-CR-250-6 Before DENNIS, PRADO, and OWEN, Circuit Judges. PER CURIAM: * The attorney appointed to represent Santos Salinas 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). Salinas has filed a response. The record is not sufficiently developed to allow us to make a fair evaluation of Salinas’s claims of ineffective assistance of counsel; we therefore decline to consider them without prejudice to collateral 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 16-50013 Document: 00513804099 Page: 2 Date Filed: 12/20/2016 No. 16-50013 review. See United States v. Isgar, 739 F.3d 829, 841 (5th Cir. 2014). The motion for appointment of substitute counsel is DENIED as untimely. See United States v. Wagner, 158 F.3d 901, 902-03 (5th Cir. 1998). We have reviewed counsel’s brief and the relevant portions of the record reflected therein, as well as Salinas’s response. We concur with counsel’s assessment that the appeal presents no nonfrivolous issue for appellate review. Accordingly, the 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