IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit FILED October 31, 2008 No. 06-41576 Summary Calendar Charles R. Fulbruge III Clerk UNITED STATES OF AMERICA Plaintiff-Appellee v. YGNACIO ESPINOSA-GUERRERO Defendant-Appellant

Appeal from the United States District Court for the Southern District of Texas USDC No. 2:06-CR-301-ALL

Before HIGGINBOTHAM, BARKSDALE and ELROD, Circuit Judges.

PER CURIAM:* The attorney appointed to represent Ygnacio Espinosa-Guerrero (Espinosa) has moved for leave to withdraw and has filed a brief in accordance with Anders v. California, 386 U.S. 738 (1967). Espinosa has filed a response.

Our independent review of the record, counsel’s brief, and Espinosa’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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. 06-41576 herein, and the APPEAL IS DISMISSED. See 5TH CIR. R. 42.2. Espinosa’s motion for new appellate counsel is DENIED.