United States Court of Appeals Fifth Circuit F I L E D IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT October 19, 2004

Charles R. Fulbruge III Clerk No. 03-51428 Summary Calendar

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

JAY JESUS GARCIA-HERNANDEZ, also known as Jesus Alberto Garcia-Hernandez,

Defendant-Appellant.

-------------------- Appeal from the United States District Court for the Western District of Texas USDC No. EP-03-CR-1308-ALL --------------------

Before WIENER, BENAVIDES, and STEWART, Circuit Judges.

PER CURIAM:*

The attorney appointed to represent Jay Jesus Garcia-

Hernandez has filed a motion to withdraw and a brief pursuant to

Anders v. California,

(1967). Garcia-Hernandez

has not filed a response. Our independent review of the brief

and the record discloses no nonfrivolous issue in this direct

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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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