
    UNITED STATES of America, Plaintiff-Appellee v. Kenneth Martin APGAR, Defendant-Appellant.
    No. 09-40519
    Conference Calendar.
    United States Court of Appeals, Fifth Circuit.
    April 20, 2010.
    James Lee Turner, Assistant U.S. Attorney, U.S. Attorney’s Office, Southern District of Texas, Houston, TX, for Plaintiff-Appellee.
    Luis Antonio Figueroa, Law Office of Luis Antonio Figueroa, Laredo, TX, for Defendant-Appellant.
    Before SMITH, PRADO, and HAYNES, Circuit Judges.
   PER CURIAM:

The attorney appointed to represent Kenneth Martin Apgar 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). Apgar has filed a response, in which he makes a request for appointment of substitute counsel. Our independent review of the record, counsel’s brief, and Apgar’s response discloses no nonfrivolous issue for appeal. Accordingly, counsel’s motion for leave to withdraw is GRANT-

ED, counsel is excused from further responsibilities herein, and the APPEAL IS DISMISSED. See 5th Cir. R. 42.2. Ap-gar’s motion for appointment of substitute counsel is DENIED. Cf. United States v. Wagner, 158 F.3d 901, 902-03 (5th Cir. 1998). 
      
       Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.
     