IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 02-40811 Conference Calendar

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

JOSE ALBERTO CRUZ, also known as Jose Alberto Ferufino-Cruz,

Defendant-Appellant.

-------------------- Appeal from the United States District Court for the Southern District of Texas USDC No. M-01-CR-530-1 -------------------- February 20, 2003

Before WIENER, EMILIO M. GARZA, and CLEMENT, Circuit Judges.

PER CURIAM:*

The Federal Public Defender representing Jose Alberto Cruz

has moved for leave to withdraw from the appeal of Cruz’s motion

to modify sentence and has filed a brief as required by Anders v.

California,

(1967). Our independent review of

counsel’s brief, Cruz’s response, and the record discloses no

nonfrivolous issue. Accordingly, 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. 02-40811 -2-

responsibilities herein, and the APPEAL IS DISMISSED. See 5TH

CIR. R. 42.2.