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

FILED March 6, 2009 No. 08-10656 Summary Calendar Charles R. Fulbruge III Clerk

UNITED STATES OF AMERICA Plaintiff-Appellee

v.

RICKY LEWIS PRICE Defendant-Appellant

Appeal from the United States District Court for the Northern District of Texas USDC No. 2:03-CR-46-2

Before HIGGINBOTHAM, BARKSDALE, and ELROD, Circuit Judges. PER CURIAM:* The Federal Public Defender appointed to represent Ricky Lewis Price has moved for leave to withdraw and has filed a brief in accordance with Anders v. California,

(1967). Price has responded in a motion to appoint new counsel. Our independent review of the record, counsel’s brief, and Price’s response 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 5 TH C IR. R. 42.2. Price’s motion for new counsel is DENIED.

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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR .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