IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 01-21118 Summary Calendar

UNITED STATES OF AMERICA, Plaintiff-Appellee, versus DAVID SANTIAGO TAMEZ, Defendant-Appellant.

-------------------- Appeal from the United States District Court for the Southern District of Texas USDC No. H—01-CR-327-3 -------------------- November 5, 2002 Before JONES, STEWART, and DENNIS, Circuit Judges.

PER CURIAM:* Court-appointed counsel representing David Santiago Tamez has moved for leave to withdraw and has filed a brief in accordance with Anders v. California, 386 U.S. 738 (1967). Tamez was provided with a copy of counsel's Anders motion and brief, and he has filed a response to counsel's motion to withdraw.

Our independent review of the record, counsel's brief, and Tamez’s opposition shows that there are no nonfrivolous issues for appeal. Accordingly, counsel's motion for leave to withdraw is * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. 01-21118 -2- GRANTED, counsel is excused from further responsibilities herein, and the appeal is DISMISSED. See 5TH CIR. R. 42.2; FED. R. APP. P. 34(a)(2)(A).