
    UNITED STATES of America, Plaintiff-Appellee v. Homero NATIVIDAD-GARCIA, Defendant-Appellant.
    No. 09-51043
    Conference Calendar.
    United States Court of Appeals, Fifth Circuit.
    Dec. 8, 2010.
    Joseph H. Gay, Jr., Assistant U.S. Attorney, U.S. Attorney’s Office, San Antonio, TX, for Plaintiff-Appellee.
    Ricardo R. Alvarado, Alvarado Law Office, Midland, TX, for Defendant-Appellant.
    Before KING, BENAVIDES, and PRADO, Circuit Judges.
   PER CURIAM:

The attorney appointed to represent Homero Natividad-Garcia 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). Natividad-Garcia 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       Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir R. 47.5.4.
     