United States Court of Appeals Fifth Circuit F I L E D IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT April 21, 2004 Charles R. Fulbruge III Clerk No. 03-10567 Conference Calendar

UNITED STATES OF AMERICA, Plaintiff-Appellee, versus ANTHONY B. BENAVIDES, Defendant-Appellant.

-------------------- Appeal from the United States District Court for the Northern District of Texas USDC No. 3:01-CR-245-ALL-P -------------------- Before JOLLY, JONES, and SMITH, Circuit Judges.

PER CURIAM:* The Assistant Federal Public Defender appointed to represent Anthony Benavides has filed a motion to withdraw as counsel and a brief pursuant to Anders v. California, 386 U.S. 738 (1967).

Benavides has not filed a response. Our independent review of the brief and the record discloses no nonfrivolous issue. The motion for leave to withdraw is GRANTED, counsel is excused from further responsibilities herein, and the APPEAL IS DISMISSED.

See 5TH CIR. R. 42.2.

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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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