IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 01-50066 Conference Calendar

UNITED STATES OF AMERICA, Plaintiff-Appellee, versus JOSEO DANIEL AVITA-BENAVIDES, also known as Mario Jose Navarro, also known as Jose Daniel Avita-Benavides, also known as Mario Navarro-Benavides, Defendant-Appellant.

-------------------- Appeal from the United States District Court for the Western District of Texas USDC No. EP-00-CR-1430-ALL-DB -------------------- August 23, 2001 Before KING, Chief Judge, and POLITZ and PARKER, Circuit Judges.

PER CURIAM:* The Federal Public Defender appointed to represent Joseo Daniel Avita-Benavides has moved for leave to withdraw and has filed a brief as required by Anders v. California, 386 U.S. 738 (1967). Avita-Benavides has not filed a response. Our independent review of the brief and the record discloses no nonfrivolous issue in this direct appeal. Accordingly, the motion for leave to withdraw is GRANTED, counsel is excused from

* 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. 01-50066 -2- further responsibilities herein, and the APPEAL IS DISMISSED.

See 5TH CIR. R. 42.2.