IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 96-40197 Summary Calendar

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

MARIO OLIVAREZ,

Defendant-Appellant.

- - - - - - - - - - Appeal from the United States District Court for the Southern District of Texas USDC No. M-95-CR-019-1 - - - - - - - - - - January 5, 1998 Before JONES, SMITH and STEWART, Circuit Judges.

PER CURIAM:*

Counsel for Mario Olivarez has filed a brief in accordance

with Anders v. California,

(1967). Our independent

review of the brief and record discloses no nonfrivolous issue.

Accordingly, counsel is excused from further responsibilities

herein, and the appeal is DISMISSED.

* 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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.