Case: 09-20239 Document: 00511027453 Page: 1 Date Filed: 02/12/2010

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

FILED February 12, 2010 No. 09-20239 Conference Calendar Charles R. Fulbruge III Clerk

UNITED STATES OF AMERICA,

Plaintiff-Appellee

v.

RODNEY ERVIN,

Defendant-Appellant

Appeal from the United States District Court for the Southern District of Texas USDC No. 4:08-CR-482-1

Before GARZA, DENNIS, and ELROD, Circuit Judges. PER CURIAM:* The attorney appointed to represent Rodney Ervin has moved for leave to withdraw and has filed a brief in accordance with Anders v. California,

(1967). Ervin 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 excused from further responsibilities herein, and the APPEAL IS DISMISSED. See 5 TH C IR. R. 42.2.

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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR .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