United States Court of Appeals Fifth Circuit F I L E D IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT October 21, 2004

Charles R. Fulbruge III Clerk No. 04-40568 Summary Calendar

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

JEROME HOPES

Defendant-Appellant.

Appeal from the United States District Court for the Southern District of Texas USDC No. 6:03-CR-57-ALL

Before JOLLY, HIGGINBOTHAM, and SMITH, Circuit Judges.

PER CURIAM:*

Counsel appointed to represent Jerome Hopes has moved for

leave to withdraw and has filed a brief as required by Anders v.

California.1 Hopes has filed a response. Our independent review

of the brief, Hopes’s response, and the record discloses no

nonfrivolous issue in this direct appeal. Accordingly, the motion

to withdraw as counsel is GRANTED. The appeal is DISMISSED.

* 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. 1

(1967).