
    UNITED STATES of America, Plaintiff-Appellee v. Andreilly FERNANDEZ-GATO, Defendant-Appellant.
    No. 07-10850
    Conference Calendar.
    United States Court of Appeals, Fifth Circuit.
    Dec. 10, 2008.
    Jeffrey Robert Haag, U.S. Attorney’s Office, Northern District of Texas, Lubbock, TX, for Plaintiff-Appellee.
    Jesse Mendez, State of Texas Municipal Court, City of Lubbock, Lubbock, TX, for Defendant-Appellant.
    Before DAVIS, WIENER, and PRADO, Circuit Judges.
   PER CURIAM:

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       Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.
     