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

FILED April 30, 2009 No. 08-40578 Conference Calendar Charles R. Fulbruge III Clerk

UNITED STATES OF AMERICA

Plaintiff-Appellee

v.

ADAN LUNA

Defendant-Appellant

Appeal from the United States District Court for the Southern District of Texas USDC No. 6:07-CR-35-6

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

(1967). Luna 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

* Pursuant to 5 TH C IR. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5 TH C IR. R. 47.5.4. No. 08-40578

further responsibilities herein, and the APPEAL IS DISMISSED. See 5 TH C IR. R. 42.2.

2