The attorney appointed to represent Gonzalo Garcia, Jr., has moved for leave to withdraw in accordance with Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967). Garcia has not filed a response. Our independent review of the record and counsel’s brief discloses no non-frivolous issue for appeal. Accordingly, the motion for leave to withdraw is GRANTED, counsel is excused from further responsibilities herein, and the APPEAL IS DISMISSED. See 5th Cm. R. 42.2. Counsel’s separate motion for leave to withdraw because of his possible appointment as a United States Magistrate Judge is DENIED as unnecessary.