United States Court of Appeals

Fifth Circuit

F I L E D

IN THE UNITED STATES COURT OF APPEALS

September 23, 2004

FOR THE FIFTH CIRCUIT

Charles R. Fulbruge III

Clerk

No. 03-10574

Summary Calendar

UNITED STATES OF AMERICA

Plaintiff - Appellee

v. RENE PENA CORDERO

Defendant - Appellant

Appeal from the United States District Court

for the Northern District of Texas

USDC No. 7:02-CR-4-1

Before KING, Chief Judge, and HIGGINBOTHAM and PRADO, Circuit

Judges.

PER CURIAM:* The attorney appointed to represent Rene Pena Cordero has filed a motion to withdraw and a brief pursuant to Anders v. California,386 U.S. 738, 744 (1967). Cordero has not filed a response. Our independent review of the brief and the record discloses no nonfrivolous issue in this direct appeal. Accordingly, the motion for leave to withdraw is GRANTED, counsel is excused from further responsibilities herein, and the appeal is DISMISSED. See 5TH CIR. 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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.