
    UNITED STATES of America, Plaintiff-Appellee v. Jon E. RADKE, Defendant-Appellant.
    No. 08-41292.
    Conference Calendar.
    United States Court of Appeals, Fifth Circuit.
    Aug. 18, 2009.
    Maureen Clancy Smith, Assistant U.S. Attorney, U.S. Attorney’s Office, Eastern District of Texas, Sherman, TX, for Plaintiff-Appellee.
    Margaret L. Schmucker, Austin, TX, Jon E Radke, Mt. Vernon, TX, for Defendant-Appellant.
    Before HIGGINBOTHAM, DAVIS, and CLEMENT, Circuit Judges.
   PER CURIAM:

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       Pursuant to 5tii Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.
     