IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 99-10973 Conference Calendar

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

JAMES EARL MAGERS,

Defendant-Appellant.

- - - - - - - - - - Appeal from the United States District Court for the Northern District of Texas USDC No. 1:98-CR-67-1 - - - - - - - - - -

August 22, 2000

Before KING, Chief Judge, and POLITZ and WIENER, Circuit Judges.

PER CURIAM:*

Court-appointed counsel for James Earl Magers has moved for

leave to withdraw and has filed a brief as required by Anders v.

California,

(1967). Magers has received copies of

counsel’s motion and brief, but he has not filed a response. Our

independent review of counsel’s Anders brief and the record

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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. 99-10973 -2-

excused from further responsibilities herein, and the APPEAL IS

DISMISSED. 5TH CIR. R. 42.2.