IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 00-20914 Conference Calendar

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

MELVIN DWAYNE OSBORNE, JR., also known as Pooh,

Defendant-Appellant.

-------------------- Appeal from the United States District Court for the Southern District of Texas USDC No. H-98-CR-429-6 -------------------- December 12, 2001 Before HIGGINBOTHAM, BARKSDALE, and STEWART, Circuit Judges.

PER CURIAM:*

Counsel appointed to represent Melvin Dwayne Osborne, Jr.,

on appeal has moved to withdraw and has filed a brief as required

by Anders v. California,

(1967). Osborne has

received a copy 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 for appeal. Accordingly, counsel’s motion

for leave to withdraw is GRANTED, counsel is excused from further

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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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