IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 97-20902 Summary Calendar

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

DANIEL GALLEGOS,

Defendant-Appellant.

- - - - - - - - - - Appeal from the United States District Court for the Southern District of Texas USDC No. H-97-CR-35-12 - - - - - - - - - - October 6, 1998

Before KING, BARKSDALE, and STEWART, Circuit Judges.

PER CURIAM:*

IT IS ORDERED that Daniel Gallegos’s pro se motion to

dismiss his appeal voluntarily is GRANTED. The appeal is

DISMISSED. Because counsel is excused from further

responsibility in this appeal, counsel’s motion to withdraw is

DENIED as moot.

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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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