IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 99-50654 Conference Calendar

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

ALBERT PIMENTEL,

Defendant-Appellant.

-------------------- Appeal from the United States District Court for the Western District of Texas USDC No. SA-98-CR-30-1 -------------------- August 24, 2000

Before KING, Chief Judge, and POLITZ and WIENER, Circuit Judges.

PER CURIAM:*

The Federal Public Defender has moved for leave to withdraw

and has filed a brief as required by Anders v. California,

(1967). Pimentel has received a copy of counsel’s brief

and motion but 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

* 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. -2-

is excused from further responsibilities herein, and the APPEAL

IS DISMISSED. See 5th Cir. R. 42.2.