IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 00-40081 Summary Calendar

UNITED STATES OF AMERICA, Plaintiff-Appellee, versus

JOHN L. MILLS, JR., Defendant- Appellant.

--------------------------------------------------------- Appeal from the United States District Court for the Southern District of Texas USDC No. C-99-CR-231-1 ----------------------------------------------------------- September 28, 2000 Before EMILIO M. GARZA, STEWART and PARKER, Circuit Judges: PER CURIAM:* The attorney appointed to represent John L. Mills, Jr., has moved for leave to withdraw and has filed a brief as required by Anders v. California, 386 U.S. 738 (1967). Mills has received a copy of counsel’s motion and brief. Although he requested and was granted an extension of time to file a response, Mills failed to file a response to the motion to withdraw. Our independent review of counsel’s brief 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. See 5TCIR. R. 42.2.

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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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