
    UNITED STATES of America, Plaintiff-Appellee v. Jose Homero BENAVIDEZ-GARCIA, Defendant-Appellant.
    No. 09-40733
    Conference Calendar.
    United States Court of Appeals, Fifth Circuit.
    April 20, 2010.
    James Lee Turner, Assistant U.S. Attorney, U.S. Attorney’s Office, Houston, TX, for Plaintiff-Appellee.
    Marjorie A. Meyers, Federal Public Defender, Timothy William Crooks, Assistant Federal Public Defender, Philip G. Gallagher, Laura Fletcher Leavitt, Assistant Federal Public Defender, H. Michael Soko-low, Federal Public Defender’s Office, Houston, TX, for Defendant-Appellant.
    Before SMITH, PRADO, and HAYNES, Circuit Judges.
   PER CURIAM:

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       Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.
     