UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

__________________ No. 01-40782 __________________

UNITED STATES OF AMERICA, Plaintiff-Appellee, v. LEOPOLDO ALBA ONTIVEROS,

Defendant-Appellant.

______________________________________________ Appeal from the United States District Court for the Southern District of Texas, Brownsville ______________________________________________ June 21, 2002

ON PETITION FOR REHEARING Before DAVIS, BENAVIDES, and CLEMENT, Circuit Judges.

PER CURIAM:* Upon consideration of the petition for rehearing, our opinion filed April 29, 2002, in this case is WITHDRAWN. The motion for leave to withdraw as counsel is GRANTED. Counsel has filed

* 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. a brief as required by Anders v. California, 386 U.S. 738 (1967). Our review of the brief, the record, and the response of Ontiveros disclose no non-frivolous issue for appeal. Accordingly, counsel’s request to withdraw is GRANTED and the appeal is DISMISSED.