United States Court of Appeals Fifth Circuit F I L E D IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT June 21, 2006 Charles R. Fulbruge III Clerk No. 05-41252 Conference Calendar

UNITED STATES OF AMERICA, Plaintiff-Appellee, versus OSCAR HERNANDEZ-FLORES, Defendant-Appellant.

-------------------- Appeal from the United States District Court for the Southern District of Texas USDC No. 1:03-CR-999-1 -------------------- Before STEWART, DENNIS, and OWEN, Circuit Judges.

PER CURIAM:* The Federal Public Defender appointed to represent Oscar Hernandez-Flores (Hernandez) on appeal has moved for leave to withdraw and has filed a brief as required by Anders v. California, 386 U.S. 738 (1967). Hernandez has not responded to counsel’s motion.

Our independent review of the brief and the record discloses no nonfrivolous issue in this appeal. Accordingly, the motion for leave to withdraw is GRANTED, counsel is excused from further

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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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

No. 05-41252 -2- responsibilities herein, and the APPEAL IS DISMISSED. See 5TH CIR. R. 42.2.