IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 98-40925 Conference Calendar

UNITED STATES OF AMERICA, Plaintiff-Appellee, versus DANNY LIN MACCUNE, Defendant-Appellant.

-------------------- Appeal from the United States District Court for the Southern District of Texas USDC No. B-98-CR-158-1 -------------------- June 16, 1999 Before EMILIO M. GARZA, BENAVIDES, and PARKER, Circuit Judges.

PER CURIAM:* Court-appointed counsel for Danny Lin Maccune has filed a motion and brief as required by Anders v. California, 386 U.S. 738 (1967). Maccune has not filed a pro se brief in response to counsel’s motion. Our independent review of counsel’s brief and the record discloses no nonfrivolous issue. Accordingly, the 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.

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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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