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

FILED December 15, 2009 No. 08-20719 c/w No. 08-20725 Charles R. Fulbruge III Conference Calendar Clerk

UNITED STATES OF AMERICA,

Plaintiff-Appellee

v.

DAVID FLORES,

Defendant-Appellant

Appeal from the United States District Court for the Southern District of Texas USDC No. 4:07-CR-38-10 USDC No. 4:07-CR-485-ALL

Before KING, JOLLY, and SOUTHWICK, Circuit Judges. PER CURIAM:* The attorney appointed to represent David Flores has moved for leave to withdraw and has filed a brief in accordance with Anders v. California,

(1967). Flores 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

* 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR .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. 08-20719 c/w No. 08-20725

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

2