IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 99-41124 Summary Calendar

UNITED STATES OF AMERICA, Plaintiff-Appellee, versus REFUGIO RODRIGUEZ, also known as Rogelio Saldana Jimenez, Defendant-Appellant.

-------------------- Appeal from the United States District Court for the Southern District of Texas USDC No. B-99-CR-160-ALL -------------------- June 5, 2000 Before SMITH, BARKSDALE, and PARKER, Circuit Judges.

PER CURIAM:* The Federal Public Defender appointed to represent Refugio Rodriguez (Rodriguez) has moved for leave to withdraw and has filed a brief as required by Anders v. California, 386 U.S. 738 (1967). Rodriguez has received a copy of counsel's motion and brief and has filed a response. Our independent review of the brief, the record, and Rodriguez's response discloses no nonfrivolous issue. Accordingly, counsel's motion for leave to

* 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. withdraw is GRANTED, counsel is excused from further responsibilities herein, and the APPEAL IS DISMISSED. See 5TH CIR. P. 42.2.