
    UNITED STATES of America, Plaintiff-Appellee, v. Jose Luis CERVANTES-GARCIA, Defendant-Appellant.
    No. 09-40208
    Summary Calendar.
    United States Court of Appeals, Fifth Circuit.
    Dec. 16, 2009.
    
      James Lee Turner, Assistant U.S. Attorney, U.S. Attorney’s Office, Southern District of Texas, Houston, TX, for Plaintiff-Appellee.
    Guillermo Ruben Garcia, Garcia & Garcia, Laredo, TX, for Defendant-Appellant.
    Before GARZA, CLEMENT, and OWEN, Circuit Judges.
   PER CURIAM:

The attorney appointed to represent Jose Luis Cervantes-Gareia 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). Cervantes-Gareia has not filed a response. Our independent review of the record and counsel’s brief disclose 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 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       Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.
     