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

FILED December 15, 2009 No. 09-40219 Conference Calendar Charles R. Fulbruge III Clerk

UNITED STATES OF AMERICA,

Plaintiff-Appellee

v.

JORGE LUIS VIDAL-VASQUEZ,

Defendant-Appellant

Appeal from the United States District Court for the Southern District of Texas USDC No. 5:04-CR-917-1

Before KING, JOLLY, and SOUTHWICK, Circuit Judges. PER CURIAM:* The Federal Public Defender appointed to represent Jorge Luis Vidal- Vasquez has moved for leave to withdraw and has filed a brief in accordance with Anders v. California,

(1967). Vidal-Vasquez has filed a response. Our independent review of the record and counsel’s brief discloses no nonfrivolous issue for appeal. Accordingly, defendant’s motions are DENIED, counsel’s motion for leave to withdraw is GRANTED, counsel is excused from

* 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR .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. 09-40219

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

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