
    UNITED STATES of America, Plaintiff-Appellee v. Damien Earl KIMBLE, Defendant-Appellant.
    No. 08-40741
    Conference Calendar.
    United States Court of Appeals, Fifth Circuit.
    April 30, 2009.
    David Haskell Henderson, Jr., Assistant U.S. Attorney, U.S. Attorney’s Office Eastern District of Texas, Beaumont, TX, for Plaintiff-Appellee.
    Frank Warren Henderson, Assistant Federal Public Defender, Federal Defender’s Office Eastern District of Texas, Tyler, TX, for Defendant-Appellant.
    Before JONES, Chief Judge, and JOLLY and ELROD, Circuit Judges.
   PER CURIAM:

The Federal Public Defender appointed to represent Damien Earl Kimble 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). Kimble has filed a response. Our independent review of the record, counsel’s brief, and Kimble’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. 
      
       Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.
     