
    UNITED STATES of America, Plaintiff-Appellee v. Percy J CHEATHAM, Jr, also known as Percy J Cheatham, Defendant-Appellant.
    No. 08-30482
    Conference Calendar.
    United States Court of Appeals, Fifth Circuit.
    Feb. 18, 2009.
    Mark A. Miller, U.S. Attorney’s Office Eastern District of Louisiana, New Orleans, LA, for Plaintiff-Appellee.
    Gary V. Schwabe, Jr., Assistant Federal Public Defender, Federal Public Defender’s Office Eastern District of Louisiana, New Orleans, LA, for DefendanL-Appel-lant.
    Before HIGGINBOTHAM, DENNIS, and PRADO, Circuit Judges.
   PER CURIAM:

The attorney appointed to represent Percy J. Cheatham, Jr., in the appeal of the denial of his motion to modify his sentence 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). Cheat-ham 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 Cm. 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       Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.
     