IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 01-41206 Conference Calendar

UNITED STATES OF AMERICA, Plaintiff-Appellee, versus ALEJANDRO DAVILA-REYES, also known as Ruben Perez-Rivera, also known as Alberto Castro-Rojas, Defendant-Appellant.

-------------------- Appeal from the United States District Court for the Southern District of Texas USDC No. M-01-CR-403-1 -------------------- August 21, 2002 Before HIGGINBOTHAM, DAVIS, and PARKER, Circuit Judges.

PER CURIAM:* The Federal Public Defender ("FPD") representing Alejandro Davila-Reyes has moved for leave to withdraw and has filed a brief in accordance with Anders v. California, 386 U.S. 738 (1967). Davila was provided with a copy of the FPD's Anders motion and brief and has not filed a response. Our independent

* 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. 01-41206 -2- review of the record and the FPD's brief shows that there are no nonfrivolous issues for appeal.

The FPD's motion for leave to withdraw is GRANTED, the FPD is excused from further responsibilities herein, and this appeal is DISMISSED. See 5TH CIR. R. 42.2; FED. R. APP. P. 34(a)(2)(A).