IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 01-40161 Summary Calendar

UNITED STATES OF AMERICA Plaintiff - Appellee v. SHAWN KEITH BENTON Defendant - Appellant -------------------- Appeal from the United States District Court for the Eastern District of Texas USDC No. 1:99-CR-176-9 -------------------- June 27, 2002 Before KING, Chief Judge, and HIGGINBOTHAM and BENAVIDES, Circuit Judges.

PER CURIAM:* The Federal Public Defender appointed to represent Shawn Keith Benton has requested leave to withdraw as counsel and has filed a brief as required by Anders v. California, 386 U.S. 738 (1967). Benton has not filed a response. Our independent review of the brief and record discloses no nonfrivolous issue.

Accordingly, the motion for leave to withdraw is GRANTED, counsel

* 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. 01-40161 -2- is excused from further responsibilities herein, and the APPEAL IS DISMISSED. 5TH CIR. R. 42.2.