IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit

FILED December 10, 2008 No. 07-10850 Conference Calendar Charles R. Fulbruge III Clerk

UNITED STATES OF AMERICA

Plaintiff-Appellee

v.

ANDREILLY FERNANDEZ-GATO

Defendant-Appellant

Appeal from the United States District Court for the Northern District of Texas USDC No. 6:07-CR-10-2

Before DAVIS, WIENER, and PRADO, Circuit Judges. PER CURIAM:* The attorney appointed to represent Andreilly Fernandez-Gato has moved for leave to withdraw and has filed a brief in accordance with Anders v. California,

(1967). Fernandez-Gato has not filed a response. Our independent review of the record and counsel’s brief 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. 42.2.

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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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