
    UNITED STATES of America, Plaintiff-Appellee v. Raul LUNA, Sr., Defendant-Appellant.
    No. 08-40942
    Conference Calendar.
    United States Court of Appeals, Fifth Circuit.
    Dec. 15, 2009.
    James Lee Turner, Assistant U.S. Attorney, U.S. Attorney’s Office, Southern District of Texas, Houston, TX, for Plaintiff-Appellee.
    Raul Luna, Sr., Aye, MA, pro se.
    Before KING, JOLLY, and SOUTHWICK, Circuit Judges.
   PER CURIAM:

The Federal Public Defender appointed to represent Raul Luna, Sr., 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). Luna has filed a response. Our independent review of the record, counsel’s brief, and Luna’s response 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 Cm. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cm. R. 47.5.4.
     