United States Court of Appeals Fifth Circuit F I L E D IN THE UNITED STATES COURT OF APPEALS May 16, 2003 FOR THE FIFTH CIRCUIT Charles R. Fulbruge III Clerk

No. 02-40401 c/w No. 02-40455 Summary Calendar

UNITED STATES OF AMERICA, Plaintiff-Appellee, versus FREDY ALBERTO AYALA, Defendant-Appellant.

-------------------- Appeals from the United States District Court for the Southern District of Texas USDC No. B-99-CR-9-1 -------------------- Before BARKSDALE, DEMOSS, and BENAVIDES, Circuit Judges.

PER CURIAM:* The Federal Public Defender appointed to represent Fredy Alberto Ayala on appeal has requested leave to withdraw and has filed a brief as required by Anders v. California, 386 U.S. 738 (1967). Ayala has received a copy of counsel’s motion but has not filed a response. Our independent review of the brief and the record discloses no nonfrivolous issues for appeal.

Counsel’s motion for leave to withdraw is granted, counsel 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. 02-40401 -2- excused from further responsibilities, and the appeal is dismissed.

MOTION TO WITHDRAW GRANTED; APPEAL DISMISSED.