
    UNITED STATES of America, Plaintiff-Appellee v. Derek SMITH, also known as Derek Anthony Smith, Defendant-Appellant.
    No. 08-30924
    Summary Calendar.
    United States Court of Appeals, Fifth Circuit.
    May 28, 2009.
    Juan M. Masini, U.S. Attorney’s Office Eastern District of Louisiana, New Orleans, LA, for Plaintiff-Appellee.
    Virginia Laughlin Schlueter, Federal Public Defender, Federal Public Defender’s Office Eastern District of Louisiana, New Orleans, LA, for Defendant-Appellant.
    Before WIENER, STEWART, and CLEMENT, Circuit Judges.
   PER CURIAM:

The attorney appointed to represent Derek Smith 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). Smith has filed a response. Our independent review of the record, counsel’s brief, and Smith’s response 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. Smith’s motion to supplement his response is DENIED. 
      
       Pursuant to 5th Cir R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.
     