
    UNITED STATES of America, Plaintiff-Appellee v. Gregory Lucas PENA, Defendant-Appellant.
    No. 09-41276
    Summary Calendar.
    United States Court of Appeals, Fifth Circuit.
    Sept. 24, 2010.
    Michelle Suzanne Englade, Assistant U.S. Attorney, U.S. Attorney’s Office, Beaumont, TX, for Plaintiff-Appellee.
    Jani Jo Maselli, Houston, TX, for Defendant-Appellant.
    Before JOLLY, GARZA, and STEWART, Circuit Judges.
   PER CURIAM:

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       Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.
     