No. 98-10876 -1- IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 98-10876 Conference Calendar

UNITED STATES OF AMERICA, Plaintiff-Appellee, versus TONY PEÑA MENDOZA, Defendant-Appellant.

-------------------- Appeal from the United States District Court for the Northern District of Texas USDC No. 6:97-CR-81-2 -------------------- February 16, 2000 Before EMILIO M. GARZA, BENAVIDES, and DENNIS, Circuit Judges.

PER CURIAM:* Court-appointed counsel for Tony Peña Mendoza moves to withdraw as appellate counsel and has filed a brief as required by Anders v. California, 386 U.S. 738 (1967). Although Mendoza was informed by the Clerk’s Office that he was entitled to file a response to counsel’s Anders brief, he has not filed a response.

Our independent review of the brief and the record discloses no nonfrivolous issues in this direct appeal. 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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.

No. 98-10876 -2- 5th Cir. R. 42.2.