
    UNITED STATES of America, Plaintiff-Appellee v. David Keith KITTINGER, Defendant-Appellant.
    No. 08-40717
    Conference Calendar.
    United States Court of Appeals, Fifth Circuit.
    April 30, 2009.
    Milton Andrew Stover, U.S. Attorney’s Office, Eastern District of Texas, Plano, TX, for Plaintiff-Appellee.
    Denise S. Benson, Assistant Federal Public Defender, Federal Defender’s Office, Eastern District of Texas, Sherman, TX, for Defendant-Appellant.
    Before JONES, Chief Judge, and JOLLY and ELROD, Circuit Judges.
   PER CURIAM:

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       Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under die limited circumstances set forth in 5th Cir. R. 47.5.4.
     