IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 01-50288 Conference Calendar

UNITED STATES OF AMERICA, Plaintiff-Appellee, versus ENRIQUE GALLARDO-CAPUCHINO, also known as Pedro Perez-Gonzalez, Defendant-Appellant.

-------------------- Appeal from the United States District Court for the Western District of Texas USDC No. DR-CR-690-1 -------------------- December 12, 2001 Before HIGGINBOTHAM, BARKSDALE, and STEWART, Circuit Judges.

PER CURIAM:* The Federal Public Defender appointed to represent Enrique Gallardo-Capuchino on appeal has moved to withdraw and has filed a brief as required by Anders v. California, 386 U.S. 738 (1967).

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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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