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,

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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR .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