IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 01-40828 Conference Calendar

UNITED STATES OF AMERICA, Plaintiff-Appellee, versus DON EDWARD DAVIS, JR., Defendant-Appellant.

-------------------- Appeal from the United States District Court for the Southern District of Texas USDC No. V-00-CR-84-ALL -------------------- April 11, 2002 Before SMITH, DeMOSS, and PARKER, Circuit Judges.

PER CURIAM:* Michael K. Burns, appointed counsel for Don Edward Davis, Jr., has moved for leave to withdraw and has filed a brief as required by Anders v. California, 386 U.S. 738 (1967). Davis has filed a response. Our independent review of the brief, Davis's response, and the record discloses no nonfrivolous issue.

Accordingly, counsel’s motion for leave to withdraw is GRANTED, counsel is excused from further responsibilities herein, and the APPEAL IS DISMISSED. See 5TH CIR. R. 42.2. Davis's motion for appointment of new counsel is DENIED.

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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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