IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit FILED February 18, 2009 No. 08-50398 Conference Calendar Charles R. Fulbruge III Clerk UNITED STATES OF AMERICA Plaintiff-Appellee v. RITO ESPARZA-ORTIZ, also known as Rito Sanchez-Cruz, also known as Rafael Sanchez-Cruz Defendant-Appellant

Appeal from the United States District Court for the Western District of Texas USDC No. 3:08-CR-75-ALL

Before HIGGINBOTHAM, DENNIS, and PRADO, Circuit Judges.

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

* 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR .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. 08-50398 excused from further responsibilities herein, and the APPEAL IS DISMISSED.

See 5 TH C IR. R. 42.2.