IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 97-20933 Summary Calendar

UNITED STATES OF AMERICA, Plaintiff-Appellee, versus PEDRO GOMEZ-GARCIA, Defendant-Appellant.

- - - - - - - - - - Appeal from the United States District Court for the Southern District of Texas USDC No. H:97-CR-115-1 - - - - - - - - - - September 15, 1998 Before HIGGINBOTHAM, JONES, and DENNIS, Circuit Judges.

PER CURIAM:* Court-appointed counsel for Pedro Gomez-Garcia has filed a brief as required by Anders v. California, 386 U.S. 738 (1967), and we have independently reviewed counsel’s brief, the record, and Gomez-Garcia’s response to counsel’s motion to withdraw and find no nonfrivolous issues. Gomez-Garcia asks this court to appoint counsel to represent him in his direct criminal appeal.

There being no nonfrivolous issues for appeal, there is no justification for appointing new counsel. Gomez-Garcia’s motion

* 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in TH CIR. R. 47.5.4.

No. -2- for appointment of counsel is DENIED. Accordingly, the motion to withdraw is GRANTED, and the APPEAL IS DISMISSED. 5th Cir. 42.2.