IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit FILED April 16, 2008 No. 07-40520 Conference Calendar Charles R. Fulbruge III Clerk UNITED STATES OF AMERICA Plaintiff-Appellee v. PEDRO HERNANDEZ, also known as Pedro Rangel Hernandez Defendant-Appellant

Appeal from the United States District Court for the Southern District of Texas USDC No. 5:06-CR-1746-1

Before PRADO, OWEN, and SOUTHWICK, Circuit Judges.

PER CURIAM:* The Federal Public Defender appointed to represent Pedro Hernandez has moved for leave to withdraw and has filed a brief in accordance with Anders v. California, 386 U.S. 738 (1967). Hernandez has filed a response. Our independent review of the record, counsel’s brief, and Hernandez’s response discloses no nonfrivolous issue for appeal. Accordingly, counsel’s motion for leave to withdraw is GRANTED, counsel is excused from further responsibilities

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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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

No. 07-40520 herein, and the APPEAL IS DISMISSED. See 5TH CIR. R. 42.2. Hernandez’s motion to appeal pro se is DENIED. See United States v. Wagner, 158 F.3d 901, 902-03 (5th Cir. 1998).