United States Court of Appeals Fifth Circuit F I L E D IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT December 10, 2003

Charles R. Fulbruge III Clerk No. 03-40632 Conference Calendar

UNITED STATES OF AMERICA,

Plaintiff-Appellee, versus

JOSEPH KENNETH COLONE, JR., Defendant-Appellant.

-------------------- Appeal from the United States District Court for the Eastern District of Texas USDC No. 1:02-CR-101-1 --------------------

Before DAVIS, EMILIO M. GARZA, and DENNIS, Circuit Judges.

PER CURIAM:*

The Federal Public Defender appointed to represent Joseph

Kenneth Colone, Jr., has moved for leave to withdraw and has

filed a brief as required by Anders v. California,

(1967). Colone 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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.