United States Court of Appeals Fifth Circuit FILED IN THE UNITED STATES COURT OF APPEALS August 18, 2004 FOR THE FIFTH CIRCUIT Charles R. Fulbruge III Clerk No. 04-40164 Conference Calendar

UNITED STATES OF AMERICA, Plaintiff-Appellee, versus SHAWN QUINTIN HEINAMAN, Defendant-Appellant.

-------------------- Appeal from the United States District Court for the Southern District of Texas USDC No. C-01-CR-360-3 -------------------- Before HIGGINBOTHAM, DAVIS, and PICKERING, Circuit Judges.

PER CURIAM:* Counsel appointed to represent Shawn Quintin Heinaman has moved for leave to withdraw and has filed a brief in accordance with Anders v. California, 386 U.S. 738 (1967). Heinaman was informed of counsel’s motion but has not responded to it. Our independent review of the record and counsel’s brief shows that there are no nonfrivolous issues for appeal. Accordingly, the motion for leave to withdraw is GRANTED, counsel is excused from further responsibilities herein, and this 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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.