
    UNITED STATES of America, Plaintiff-Appellee v. Michael Anthony GARCIA, Defendant-Appellant.
    No. 08-50548
    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, for Plaintiff-Appellee.
    Andre C. Poissant, El Paso, TX, for Defendanb-Appellant.
    Before HIGGINBOTHAM, DENNIS, and PRADO, Circuit Judges.
   PER CURIAM:

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       Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.
     