United States Court of Appeals Fifth Circuit F I L E D IN THE UNITED STATES COURT OF APPEALS March 28, 2003 FOR THE FIFTH CIRCUIT Charles R. Fulbruge III Clerk

No. 01-50637 Summary Calendar

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

JOSE ZABALA-MOLINA,

Defendant-Appellant.

Appeal from the United States District Court for the Western District of Texas USDC No. DR-00-CR-223-1

Before HIGGINBOTHAM, SMITH, and CLEMENT, Circuit Judges.

PER CURIAM:*

Retained counsel for Jose Zabala-Molina, John Nation, has

filed a motion to withdraw as counsel and a brief stating that

there are no nonfrivolous issues for appeal.1 Zabala-Molina has

been notified of his opportunity to respond but has not filed a

response.

* 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. 1 Anders v. California,

(1967). Nation’s motion is GRANTED. Furthermore, there do not appear

to be any nonfrivolous issues for appeal, and the appeal is

DISMISSED.2

2 See 5TH CIR. R. 42.2.

2