IN THE UNITED STATES COURT OF APPEALS
                    FOR THE FIFTH CIRCUIT  United States Court of Appeals
                                                    Fifth Circuit

                                                 FILED
                                                                            June 16, 2009
                                     No. 08-40636
                                  Conference Calendar                  Charles R. Fulbruge III
                                                                               Clerk

UNITED STATES OF AMERICA

                                                   Plaintiff-Appellee

v.

JORGE ORTIZ-ESQUIVEL

                                                   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.
PER CURIAM:*
       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, 

(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



       *
         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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH CIR .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.
                                No. 08-40636

herein, and the APPEAL IS DISMISSED. See 5 TH C IR. R. 42.2. Ortiz-Esquivel’s
motion for the appointment of counsel is DENIED.




                                     2