United States Court of Appeals Fifth Circuit F I L E D IN THE UNITED STATES COURT OF APPEALS July 21, 2003 FOR THE FIFTH CIRCUIT Charles R. Fulbruge III Clerk

No. 02-41500 Summary Calendar

UNITED STATES OF AMERICA, Plaintiff-Appellee, versus CLARK DALE SHUTTER, Defendant-Appellant.

-------------------- Appeal from the United States District Court for the Eastern District of Texas USDC No. 1:01-CR-184-1 -------------------- Before JOLLY, JONES, and EMILIO M. GARZA, Circuit Judges.

PER CURIAM:* The attorney appointed to represent Clark Dale Shutter on appeal has moved for leave to withdraw from representation of Shutter, pursuant to Anders v. California, 386 U.S. 738 (1967).

Shutter has responded to counsel’s motion and has moved to withdraw the Anders brief and for appointment of counsel. We have reviewed counsel’s motion and Anders brief, Shutter’s response, and the record and we find no nonfrivolous issues.

* 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. 02-41500 -2- Accordingly, counsel’s motion to withdraw is GRANTED; counsel is excused from further responsibilities herein; Shutter’s motion to withdraw the Anders brief and for appointment of counsel is DENIED; and the APPEAL IS DISMISSED. See 5TH CIR. R. 42.2.