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. 05-10430 Conference Calendar

UNITED STATES OF AMERICA,

Plaintiff-Appellee, versus

PHILLIP MENDOZA, JR.,

Defendant-Appellant.

-------------------- Appeal from the United States District Court for the Northern District of Texas USDC No. 1:98-CR-62-4-C --------------------

Before GARZA, DENNIS, and PRADO, Circuit Judges.

PER CURIAM:*

The Federal Public Defender, counsel for Phillip Mendoza,

Jr., has moved for leave to withdraw from this appeal and has

filed a brief as required by Anders v. California,

(1967). Mendoza has not filed a response. Our independent

review of the brief and the record discloses no nonfrivolous

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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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