IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit FILED July 2, 2009 No. 08-40601 Summary Calendar Charles R. Fulbruge III Clerk UNITED STATES OF AMERICA Plaintiff-Appellee v. MARLON ARTURO DUBON-VALENZUELA Defendant-Appellant

Appeal from the United States District Court for the Southern District of Texas USDC No. 7:08-CR-291-1

Before DAVIS, GARZA, and PRADO, Circuit Judges.

PER CURIAM:* The Federal Public Defender appointed to represent Marlon Arturo Dubon-Valenzuela has moved for leave to withdraw and has filed a brief in accordance with Anders v. California, 386 U.S. 738 (1967). Dubon-Valenzuela has filed a response. Our independent review of the record, counsel’s brief, and Dubon-Valenzuela’s response discloses no nonfrivolous issue for appeal.

Accordingly, counsel’s motion for leave to withdraw is GRANTED, counsel is

* 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR .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. 08-40601 excused from further responsibilities herein, and the APPEAL IS DISMISSED.

See 5 TH C IR. R. 42.2.