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

FILED June 16, 2009 No. 08-40636 Conference Calendar Charles R. Fulbruge III Clerk

UNITED STATES OF AMERICA

Plaintiff-Appellee

v.

JORGE ORTIZ-ESQUIVEL

Defendant-Appellant

Appeal from the United States District Court for the Southern District of Texas USDC No. 7:08-CR-115-1

Before SMITH, BENAVIDES, and HAYNES, Circuit Judges. PER CURIAM:* The Federal Public Defender appointed to represent Jorge Ortiz-Esquivel has moved for leave to withdraw and has filed a brief in accordance with Anders v. California,

(1967). Ortiz-Esquivel has filed a response. Our independent review of the record, counsel’s brief, and Ortiz-Esquivel’s response discloses no nonfrivolous issue for appeal. Accordingly, counsel’s motion for leave to withdraw is GRANTED, counsel is excused from further responsibilities

* 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR .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. 08-40636

herein, and the APPEAL IS DISMISSED. See 5 TH C IR. R. 42.2. Ortiz-Esquivel’s motion for the appointment of counsel is DENIED.

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