IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 01-21152 Conference Calendar

UNITED STATES OF AMERICA, Plaintiff-Appellee, versus BERNARDO FRANCO-GUEVARA, Defendant-Appellant.

-------------------- Appeal from the United States District Court for the Southern District of Texas USDC No. H-00-CR-911-1 -------------------- October 30, 2002 Before DeMOSS, BENAVIDES, and STEWART, Circuit Judges.

PER CURIAM:* Counsel appointed to represent Bernardo Franco-Guevara on direct appeal has moved for leave to withdraw and has filed a brief as required by Anders v. California, 386 U.S. 738 (1967).

Franco-Guevara was provided with a copy of counsel’s Anders motion and brief but has not filed a response. Our independent review of counsel’s brief and the record discloses no nonfrivolous issue. Accordingly, counsel’s motion for leave to

* 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. 01-21152 -2- withdraw is GRANTED, counsel is excused from further responsibilities herein, and the APPEAL IS DISMISSED. See 5TH CIR. R. 42.2.