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

FILED June 16, 2009 No. 08-50238 Conference Calendar Charles R. Fulbruge III Clerk

UNITED STATES OF AMERICA

Plaintiff-Appellee

v.

ROBERTO CARLOS VILLARREAL also known as, Ebrio

Defendant-Appellant

Appeal from the United States District Court for the Western District of Texas USDC No. 3:07-CR-1624-1

Before SMITH, BENAVIDES, and HAYNES, Circuit Judges. PER CURIAM:* The attorney appointed to represent Roberto Carlos Villarreal has moved for leave to withdraw and has filed a brief in accordance with Anders v. California,

(1967). Villarreal 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 further responsibilities herein, and the APPEAL IS DISMISSED. See 5 TH C IR. R. 42.2.

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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR .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