
    UNITED STATES of America, Plaintiff-Appellee v. Rito ESPARZA-ORTIZ, also known as Rito Sanchez-Cruz, also known as Rafael Sanchez-Cruz, Defendant-Appellant.
    No. 08-50398
    Conference Calendar.
    United States Court of Appeals, Fifth Circuit.
    Feb. 18, 2009.
    Joseph H. Gay, Jr., Assistant U.S. Attorney, U.S. Attorney’s Office Western District of Texas, San Antonio, TX, for Plaintiff-Appellee.
    Alex A. Melendez, El Paso, TX, for Defendant-Appellant.
    Before HIGGINBOTHAM, DENNIS, and PRADO, Circuit Judges.
   PER CURIAM:

The attorney appointed' to represent Rito Esparza-Ortiz 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). Esparza-Ortiz has not filed a response. 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 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       Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.
     