United States Court of Appeals Fifth Circuit F I L E D IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT October 25, 2006 Charles R. Fulbruge III Clerk No. 05-50743 Conference Calendar

UNITED STATES OF AMERICA, Plaintiff-Appellee, versus ALBERTO GUZMAN-OLIVER, Defendant-Appellant.

-------------------- Appeal from the United States District Court for the Western District of Texas USDC No. 5:03-CR-247-5 -------------------- Before JOLLY, DeMOSS, and STEWART, Circuit Judges.

PER CURIAM:* Counsel appointed to represent Alberto Guzman-Oliver (Guzman) has moved for leave to withdraw and has filed a brief in accordance with Anders v. California, 386 U.S. 738 (1967).

Guzman has not filed a response. Our independent review of counsel’s brief and the record discloses no unwaived and nonfrivolous issue for appeal. 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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.