IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 01-40437 Conference Calendar

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

ABRAHAM GARCIA-AGUILERA,

Defendant-Appellant.

-------------------- Appeal from the United States District Court for the Southern District of Texas USDC No. C-00-CR-350-1 -------------------- December 12, 2001 Before HIGGINBOTHAM, BARKSDALE, and STEWART, Circuit Judges.

PER CURIAM:*

The Federal Public Defender appointed to represent Abraham

Garcia-Aguilera has moved for leave to withdraw and has filed a

brief as required by Anders v. California,

(1967).

Garcia-Aguilera has received a copy of counsel’s brief and motion

but has not filed a response. Our independent review of

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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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