United States Court of Appeals Fifth Circuit F I L E D IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT August 17, 2005 Charles R. Fulbruge III Clerk No. 04-41664 Conference Calendar

UNITED STATES OF AMERICA, Plaintiff-Appellee, versus RAFAEL ZAPOTITLA-LOPEZ, Defendant-Appellant.

- - - - - - - - - - Appeal from the United States District Court for the Southern District of Texas USDC No. 2:04-CR-353-ALL - - - - - - - - - - Before BENAVIDES, CLEMENT, and PRADO, Circuit Judges.

PER CURIAM:* Court-appointed counsel for Rafael Zapotitla-Lopez (Zapotitla) has moved for leave to withdraw and has filed a brief as required by Anders v. California, 386 U.S. 738 (1967).

Zapotitla was sent 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 for appeal.

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.

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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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