United States Court of Appeals Fifth Circuit F I L E D IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT February 24, 2006

Charles R. Fulbruge III Clerk No. 04-20763 Conference Calendar

UNITED STATES OF AMERICA,

Plaintiff-Appellee, versus

DERRICK D. HOPES,

Defendant-Appellant.

-------------------- Appeal from the United States District Court for the Southern District of Texas USDC No. 4:01-CR-427-1 --------------------

Before GARZA, DENNIS, and PRADO, Circuit Judges.

PER CURIAM:*

Counsel appointed to represent Derrick D. Hopes has

requested leave to withdraw from this appeal and has filed a

brief as required by Anders v. California,

(1967).

Hopes has received a copy of counsel’s motion and brief but has

not filed a response. Our independent review of the brief and

the record discloses no nonfrivolous issue for 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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.