
    UNITED STATES of America, Plaintiff-Appellee v. Rosalio GOMEZ-MARTINEZ, Defendant-Appellant.
    No. 09-40526
    Conference Calendar.
    United States Court of Appeals, Fifth Circuit.
    Dec. 15, 2009.
    James Lee Turner, Assistant U.S. Attorney, U.S. Attorney’s Office, Houston, TX, for Plaintiff-Appellee.
    Marjorie A. Meyers, Federal Public Defender, Laura Fletcher Leavitt, Assistant Federal Public Defender, Federal Public Defender’s Office, Rosalio Gomez-Martinez, FDC Houston, Houston, TX, for Defendant-Appellant.
    Before KING, JOLLY, and SOUTHWICK, Circuit Judges.
   PER CURIAM:

The Federal Public Defender appointed to represent Rosalio Gomez-Martinez has moved for leave to withdraw and has filed a brief in accordance with Anders v. Cali-forrtia, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967). Gomez-Martinez 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       Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5tii Cir. R. 47.5.4.
     