
    UNITED STATES of America, Plaintiff-Appellee v. Jesus Manuel FERMIN-CRUZ, Defendant-Appellant.
    No. 09-50460
    Conference Calendar.
    United States Court of Appeals, Fifth Circuit.
    April 20, 2010.
    Joseph H. Gay, Jr., Assistant U.S. Attorney, U.S. Attorney’s Office, Western District of Texas, San Antonio, TX, for Plaintiff-Appellee.
    Alex A. Melendez, El Paso, TX, for Defendant-Appellant.
    Before SMITH, PRADO, and HAYNES, Circuit Judges.
   PER CURIAM:

The attorney appointed to represent Jesus Manuel Fermin-Cruz 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). Fermin-Cruz has not filed a response. Our independent review of the record and counsel’s brief discloses no non-frivolous 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       Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.
     