
    UNITED STATES of America, Plaintiff-Appellee v. Lyndell SIMMONS, Defendant-Appellant.
    No. 08-10425
    Summary Calendar.
    United States Court of Appeals, Fifth Circuit.
    Jan. 21, 2009.
    Paulina M. Jacobo, Assistant U.S. Attorney, U.S. Attorney’s Office Northern District of Texas, Lubbock, TX, for PlaintiffAppellee.
    Jerry V. Beard, Assistant, Federal Public Defender, Federal Public Defender’s Office, Northern District of Texas, Fort Worth, TX, Helen Miller Liggett, Assistant, Federal Public Defender, Federal Public Defender’s Office, Northern District of Texas, Lubbock, TX, for Defendant Appellant.
    Before HIGGINBOTHAM, BARKSDALE, and ELROD, Circuit Judges.
   PER CURIAM:

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       Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.
     