
    UNITED STATES of America, Plaintiff-Appellee v. Jose Luis GONZALEZ-PENA, also known as Luis Joel Gonzalez-Pena, Defendant-Appellant.
    No. 08-40720
    Conference Calendar.
    United States Court of Appeals, Fifth Circuit.
    June 16, 2009.
    Randall A. Blake, Assistant U.S. Attorney, U.S. Attorney’s Office, Eastern District of Texas, Sherman, TX, for Plaintiff-Appellee.
    Robert Gerard Arrambide, Federal Defender’s Office, Eastern District of Texas, Sherman, TX, for Defendant-Appellant.
    Before SMITH, BENAVIDES, and HAYNES, Circuit Judges.
   PER CURIAM:

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       Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.
     