
    UNITED STATES of America, Plaintiff-Appellee v. Alfredo ESPINOZA-VARELA, Defendant-Appellant.
    No. 08-50265
    Conference Calendar.
    United States Court of Appeals, Fifth Circuit.
    Dec. 10, 2008.
    Joseph H. Gay, Jr., Assistant U.S. Attorney, U.S. Attorney’s Office, Western District of Texas, San Antonio, TX, for Plaintiff-Appellee.
    Matthew Rex Dekoatz, Law Offices of Matthew R. Dekoatz, El Paso, TX, for D ef end ant-App ell ant.
    Before DAVIS, WIENER, and PRADO, Circuit Judges.
   PER CURIAM:

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       Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.
     