IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 98-20781 Summary Calendar

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

REGINALD BERNARD SMITH, also known as Ronald Eric Smith,

Defendant-Appellant.

-------------------- Appeal from the United States District Court for the Southern District of Texas USDC No. H-98-CR-4-1 --------------------

September 17, 19991

Before JOLLY, JONES, and BENAVIDES, Circuit Judges.

PER CURIAM:*

The Federal Public Defender, appointed to represent Reginald

Bernard Smith, has moved for leave to withdraw and has filed a

brief as required by Anders v. California,

(1967).

Smith has filed a response to counsel’s motion to withdraw. Our

independent review of counsel’s brief, Smith’s response, 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.

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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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