IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 00-40662 Conference Calendar

UNITED STATES OF AMERICA, Plaintiff-Appellee, versus MITCHELL HAYWARD BAILEY, Defendant-Appellant.

-------------------- Appeal from the United States District Court for the Southern District of Texas USDC No. C-00-CR-24-1 -------------------- April 12, 2001 Before JOLLY, HIGGINBOTHAM, and JONES, Circuit Judges.

PER CURIAM:* The attorney appointed to represent Mitchell Hayward Bailey has filed a motion to withdraw from representation of Bailey and a brief as required by Anders v. California, 386 U.S. 738 (1967).

Bailey has not responded to counsel’s brief. Our independent review of the brief and the record discloses no nonfrivolous issue. Accordingly, counsel’s motion 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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.