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

FILED October 21, 2009 No. 08-50789 Summary Calendar Charles R. Fulbruge III Clerk

UNITED STATES OF AMERICA,

Plaintiff-Appellee

v.

MARK ALLEN CISNEROS,

Defendant-Appellant

Appeal from the United States District Court for the Western District of Texas USDC No. 7:05-CR-156-1

Before JOLLY, WIENER, and ELROD, Circuit Judges. PER CURIAM:* The attorney appointed to represent Mark Allen Cisneros has moved for leave to withdraw and has filed a brief in accordance with Anders v. California,

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

* Pursuant to 5 TH C IR. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5 TH C IR. R. 47.5.4. No. 08-50789

counsel is excused from further responsibilities herein, and the APPEAL IS DISMISSED. See 5 TH C IR. R. 42.2.

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