Opinion
No. 08-10492 Conference Calendar.
June 1, 2009.
Frederick M. Schattman, U.S. Attorney's Office, Northern District of Texas, Fort Worth, TX, for Plaintiff-Appellee.
Leigh Warren Davis, Fort Worth, TX, for Defendant-Appellant.
Appeal from the United States District Court for the Northern District of Texas, USDC No. 4:06-CR-188-7.
Before JONES, Chief Judge, and JOLLY and ELROD, Circuit Judges.
ON PETITION FOR REHEARING AND/OR REHEARING EN BANC
Jose L. Silva's petition for panel rehearing is GRANTED, our prior panel opinion is WITHDRAWN, and this opinion is SUBSTITUTED therefor. No member of the panel nor Judge in regular active service of this Court having requested that the Court be polled on rehearing en banc (FED. R.APP. P. and 5TH CIR. R. 35), the petition for rehearing en banc is DENIED. The attorney appointed to represent Silva 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). Silva has filed a response. Our independent review of the record, counsel's brief, and Silva'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. Silva's motion for appointment of counsel is DENIED.