United States Court of Appeals Fifth Circuit FILED IN THE UNITED STATES COURT OF APPEALS August 18, 2004 FOR THE FIFTH CIRCUIT Charles R. Fulbruge III Clerk No. 03-51085 Conference Calendar

UNITED STATES OF AMERICA, Plaintiff-Appellee, versus JESUS OSCAR RODRIGUEZ-OLIVAS, Defendant-Appellant.

-------------------- Appeal from the United States District Court for the Western District of Texas USDC No. MO-02-CR-6-ALL -------------------- Before HIGGINBOTHAM, DAVIS, and PICKERING, Circuit Judges.

PER CURIAM:* Court-appointed counsel for Jesus Oscar Rodriguez-Olivas has moved for leave to withdraw from this appeal and has filed a brief pursuant to Anders v. California, 386 U.S. 738 (1967).

Rodriguez has received a copy of counsel’s motion and brief but has not filed a response. Our independent review of the brief and the record discloses no nonfrivolous issue. Accordingly, counsel’s 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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.