IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 01-21314 Conference Calendar

UNITED STATES OF AMERICA, Plaintiff-Appellee, versus JUAN ARNULFO HERNANDEZ-ASPRIE, Defendant-Appellant.

-------------------- Appeal from the United States District Court for the Southern District of Texas USDC No. H-01-CR-243-2 -------------------- October 30, 2002 Before DeMOSS, BENAVIDES, and STEWART, Circuit Judges.

PER CURIAM:* Court-appointed counsel for Juan Arnulfo Hernandez-Asprie (Hernandez) has requested leave to withdraw and has filed a brief as required by Anders v. California, 386 U.S. 738 (1967).

Hernandez has not responded to his attorney’s motion. Our independent review of counsel’s brief and the record discloses no nonfrivolous issue for appeal. Counsel’s motion for leave to withdraw is GRANTED, counsel is excused from further

* 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. 01-21314 -2- responsibilities, and the appeal is DISMISSED. See 5TH CIR. R. 42.2.

MOTION GRANTED; APPEAL DISMISSED.