United States Court of Appeals Fifth Circuit F I L E D IN THE UNITED STATES COURT OF APPEALS August 25, 2004 FOR THE FIFTH CIRCUIT Charles R. Fulbruge III Clerk No. 03-51303 Summary Calendar

UNITED STATES OF AMERICA, Plaintiff-Appellee, versus SANTOS OMAR-PEREZ, Defendant-Appellant.

Appeal from the United States District Court for the Western District of Texas USDC No. SA-02-CR-497-4

Before HIGGINBOTHAM, JONES and BARKSDALE, Circuit Judges.

PER CURIAM:* Counsel appointed to represent Santos Omar-Perez in this direct criminal appeal has moved for leave to withdraw and has filed a brief as required by Anders v. California, 386 U.S. 738 (1967). Omar-Perez has not filed a response. Our independent review of the record and counsel’s brief shows that there are no nonfrivolous issues for appeal. Accordingly, counsel’s motion for leave to withdraw is GRANTED, counsel is excused from further responsibilities herein, and this 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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.