IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 00-20090 Summary Calendar

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

VIRGIL MALATEK,

Defendant-Appellant.

-------------------- Appeal from the United States District Court for the Southern District of Texas USDC No. H-99-CR-176-8 -------------------- March 6, 2001

Before SMITH, BENAVIDES, and DENNIS, Circuit Judges.

PER CURIAM:*

Court-appointed counsel for Virgil Malatek has moved for

leave to withdraw and has filed a brief as required by Anders v.

California,

(1967). Malatek did not file a response

to counsel’s motion to withdraw. Our independent review of

counsel’s brief and the record discloses no nonfrivolous

appellate issue. Accordingly, counsel’s motion for leave to

withdraw is GRANTED, counsel is excused from further

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

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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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