Opinion
No. 08-40636 Conference Calendar.
June 16, 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.
Appeal from the United States District Court for the Southern District of Texas, USDC No. 7:08-CR-115-1.
Before SMITH, BENAVIDES, and HAYNES, Circuit Judges.
The Federal Public Defender appointed to represent Jorge Ortiz-Esquivel 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). Ortiz-Esquivel has filed a response. Our independent review of the record, counsel's brief, and Ortiz-Esquivel'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. Ortiz-Esquivel's motion for the appointment of counsel is DENIED.