The attorney appointed to represent Vicente Gonzales-Bautista on appeal has requested leave to withdraw and has filed a brief as required by Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967). Gonzales, who pleaded guilty to unlawfully reentering the United States following a prior deportation, received a copy of counsel’s motion and filed a response, asserting that (1) his counsel was ineffective for failing to seek a downward departure based on cultural assimilation; (2) the district court erred in informing him of the maximum penalty for unlawful reentry when he pleaded guilty; and (3) his sentence is unlawful in light of United States v. Booker, — U.S.-, 125 S.Ct. 738, 160 L.Ed.2d 621 (2005).

Our independent review of the brief, the response and the record discloses no non-frivolous issues for appeal. Counsel’s motion for leave to withdraw is granted, counsel is excused from further responsibilities, and the appeal is dismissed.

MOTION TO WITHDRAW GRANTED; APPEAL DISMISSED.