IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 99-50355 Conference Calendar

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

CARLOS MARTIN GODINA-HERNANDEZ,

Defendant-Appellant.

-------------------- Appeal from the United States District Court for the Western District of Texas USDC No. SA-98-CR-417-ALL --------------------

December 15, 1999

Before JOLLY, HIGGINBOTHAM, and BARKSDALE, Circuit Judges.

PER CURIAM:*

The Federal Public Defender appointed to represent Carlos

Martin Godina-Hernandez has moved for leave to withdraw and has

filed a brief as required by Anders v. California,

(1967). Godina-Hernandez has not filed a response. Our

independent review of the brief and the record discloses no

nonfrivolous issue. Accordingly, the motion for leave to

withdraw is GRANTED, counsel is excused from further

* 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. No. 99-50355 -2-

responsibilities herein, and the APPEAL IS DISMISSED. See 5TH

CIR. R. 42.2.