IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 01-40526 Conference Calendar

UNITED STATES OF AMERICA, Plaintiff-Appellee, versus DAVID MARTINEZ-PALACIOS, also known as Ruben Martinez-Perez, Defendant-Appellant.

- - - - - - - - - - Appeal from the United States District Court for the Southern District of Texas USDC No. M-01-CR-16-1 - - - - - - - - - - February 21, 2002 Before JOLLY, JONES, and BENAVIDES, Circuit Judges.

PER CURIAM:* The Federal Public Defender appointed to represent David Martinez-Palacios (Martinez) has moved for leave to withdraw and has filed a brief as required by Anders v. California, 386 U.S. 738 (1967). Martinez was sent 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

* 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. 01-40526 -2- responsibilities herein, and the appeal is DISMISSED. See 5TH CIR. R. 42.2.