
    UNITED STATES of America, Plaintiff-Appellee v. Javier HUERTA-RODRIGUEZ, Defendant-Appellant.
    No. 08-40962
    Summary Calendar.
    United States Court of Appeals, Fifth Circuit.
    Oct. 5, 2009.
    James Lee Turner, Assistant U.S. Attorney, U.S. Attorney’s Office Southern District of Texas, Houston, TX, for Plaintiff-Appellee.
    Marjorie A. Meyers, Federal, Public Defender Federal Public Defender’s Office Southern District of Texas, Houston, TX, for Defendant-Appellant.
    Before JOLLY, WIENER, and ELROD, Circuit Judges.
   PER CURIAM:

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       Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.
     