|UNITED STATES OF AMERICA,
FORTINO CASTILLO-SALAZAR,a/k/a Julio Cesarmoreno Sanchez, a/k/a Julio Moreno, a/k/a Fortino Catillo-Salazar,
Mr. Castillo timely moved to reopen his sentencing hearing so that he could provide information and qualify for the safety valve. Thereafter, he again chose not to provide information. Defense counsel informed the district court of his client's decision, and the court entered a final judgment on January 26, 2006.
Pursuant to Anders v. California, 386 U.S. 738 (1967), Mr. Castillo's counsel informs us that Mr. Castillo did not qualify for the safety valve because of his refusal to "truthfully provide to the Government all information and evidence [he] has concerning the offense . . . ." U.S.S.G. 5C1.2(5). This, as counsel notes, is a prerequisite that a defendant must satisfy before he can be eligible for the safety valve. See id.
Mr. Castillo did not respond to his attorney's Anders brief; the government likewise determined that no response was necessary. Having reviewed the record, we detect no non-frivolous grounds for appeal. Accordingly, we will allow Mr.
Castillo's counsel to withdraw and DISMISS this appeal. See United States v. Calderon, 428 F.3d 928, 929-30 (10th Cir. 2005).
Entered for the Court
Paul J. Kelly, Jr.
*. This order and judgment is not binding precedent, except under the doctrines of law of the case, res judicata, and collateral estoppel. It may be cited, however, for its persuasive value consistent with Fed. R. App. P. 32.1 and 10th Cir. R. 32.1.
2. After examining the briefs and the appellate record, this three-judge panel has determined unanimously that oral argument would not be of material assistance in the determination of this appeal. See Fed. R. App. P. 34(a); 10th Cir. R. 34.1(G). The cause is therefore ordered submitted without oral argument.