
    UNITED STATES of America, Plaintiff-Appellee v. Wallace McDonald ASCENCIO, Defendant-Appellant.
    No. 08-40956
    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 Wallace McDonald Ascencio 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). Ascencio has filed a response.

Our independent review of the record, counsel’s brief, and Ascencio’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. Ascencio’s motions to proceed pro se on appeal and for the appointment of substitute counsel are DENIED. See 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       Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.
     