IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 01-10498 Summary Calendar

UNITED STATES OF AMERICA,

Plaintiff-Appellee, versus

JOHNNY LEE LOVATO, JR.,

Defendant-Appellant.

-------------------- Appeal from the United States District Court for the Northern District of Texas USDC No. 3:00-CR-311-14-P -------------------- November 8, 2001

Before DeMOSS, PARKER, and DENNIS, Circuit Judges.

PER CURIAM:* Attorney Richard L. Collier, court-appointed counsel for Johnny Lee Lovato, has moved for leave to withdraw and has filed a brief as required by Anders v. California,

(1967). Lovato has received copies of counsel’s motion and brief but 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. -2-

further responsibilities herein, and the APPEAL IS DISMISSED. See 5TH CIR. R. 42.2.