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

FILED April 30, 2009 No. 08-10703 Conference Calendar Charles R. Fulbruge III Clerk

UNITED STATES OF AMERICA

Plaintiff-Appellee

v.

JAMES EVANS, III

Defendant-Appellant

Appeal from the United States District Court for the Northern District of Texas USDC No. 6:07-CR-70-ALL

Before JONES, Chief Judge, and JOLLY and ELROD, Circuit Judges. PER CURIAM:* The attorney appointed to represent James Evans, III, has moved for leave to withdraw and has filed a brief in accordance with Anders v. California,

(1967). Evans has filed a response. Our independent review of the record, counsel’s brief, and Evans’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

* 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR .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. 08-10703

DISMISSED. See 5 TH C IR. R. 42.2. Evans’s motion for appointment of counsel is DENIED. See United States v. Wagner,

(5th Cir. 1998).

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