IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 01-50131 Conference Calendar

UNITED STATES OF AMERICA, Plaintiff-Appellee, versus

AUGUSTIN PEREZ-OSUA, also known as Rosendo Martinez Pena, Defendant-Appellant.

-------------------- Appeal from the United States District Court for the Western District of Texas USDC No. EP-00-CR-1599-ALL-DB -------------------- August 22, 2001 Before KING, Chief Judge, and POLITZ and PARKER, Circuit Judges.

PER CURIAM:* Court-appointed counsel for Augustin Perez-Osua (“Perez”), the Federal Public Defender, has moved for leave to withdraw and has filed a brief pursuant to Anders v. California, 386 U.S. 738 (1967). Perez has received a copy of counsel’s motion and brief, but he has not filed a pro se brief of his own. Our review of the brief filed by counsel and of the record discloses no nonfrivolous point for appeal. Accordingly, the motion for leave to withdraw is GRANTED, counsel is excused from further

* 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. 00-30485 -2- responsibilities, and the APPEAL IS DISMISSED. See 5TH CIR. R. 42.2.