
    UNITED STATES of America, Plaintiff-Appellee v. Jose HERNANDEZ-GOMEZ, Defendant-Appellant.
    No. 08-40458
    Conference Calendar.
    United States Court of Appeals, Fifth Circuit.
    April 30, 2009.
    James Lee Turner, Assistant U.S. Attorney, U.S. Attorney’s Office Southern District of Texas, Houston, TX, for Plaintiff-Appellee.
    Alicia G. Cuellar, for Defendant-Appellant.
    Before JONES, Chief Judge, and JOLLY and ELROD, Circuit Judges.
   PER CURIAM:

The attorney appointed to represent Jose Hernandez-Gomez has moved for leave to withdraw and has filed a brief in accordance with Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967). Hernandez-Gomez has not filed a response. Our independent review of the record and counsel’s brief discloses no non-frivolous issue for appeal. Accordingly, counsel’s 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. 
      
       Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.
     