IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit FILED April 30, 2009 No. 08-50737 Conference Calendar Charles R. Fulbruge III Clerk UNITED STATES OF AMERICA Plaintiff-Appellee v. ROBERTO TALAVERA-ROSAS Defendant-Appellant

Appeal from the United States District Court for the Western District of Texas USDC No. 3:07-CR-2937-ALL

Before JONES, Chief Judge, and JOLLY and ELROD, Circuit Judges.

PER CURIAM:* The attorney appointed to represent Roberto Talavera-Rosas has moved for leave to withdraw and has filed a brief in accordance with Anders v. California, 386 U.S. 738 (1967). Talavera-Rosas has moved for appointment of new counsel on appeal. Our independent review of the record, counsel’s brief, and Talavera-Rosas’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. Talavera-Rosas’s motion for the appointment of 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR .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.