
    UNITED STATES of America, Plaintiff-Appellee v. Jose DUARTE-MALDONADO, Defendant-Appellant.
    No. 08-41006
    Conference Calendar.
    United States Court of Appeals, Fifth Circuit.
    June 16, 2009.
    James Lee Turner, Assistant U.S. Attorney, U.S. Attorney’s Office, Southern District of Texas, Houston, TX, for Plaintiff-Appellee.
    Marjorie A. Meyers, Federal, Public Defender, Federal Public Defender’s Office, Southern District of Texas, Houston, TX, for Defendant-Appellant.
    Before SMITH, BENAVIDES, and HAYNES, Circuit Judges.
   PER CURIAM:

The Federal Public Defender appointed to represent Jose Duarte-Maldonado 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). Duarte-Maldonado 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       Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.
     