IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

_____________________

No. 99-31287 Summary Calendar _____________________

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

RYAN SMITH,

Defendant-Appellant. _________________________________________________________________

Appeal from the United States District Court for the Eastern District of Louisiana USDC No. 99-CR-173-1-B _________________________________________________________________

August 23, 2000

Before JOLLY, JONES, and BENAVIDES, Circuit Judges.

PER CURIAM:*

The attorney appointed to represent Ryan Smith has moved for

leave to withdraw and has filed a brief in accordance with Anders

v. California,

(1967). Smith was notified of

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

counsel’s motion. Both counsel’s brief and our independent review

of the record show that there are no nonfrivolous issues for

appeal. Consequently, counsel’s motion for leave to withdraw 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. GRANTED, counsel is excused from further responsibilities herein,

and the APPEAL IS DISMISSED. See 5TH CIR. R. 42.2.

D I S M I S S E D.

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