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. 06-50008 Conference Calendar

UNITED STATES OF AMERICA, Plaintiff-Appellee, versus ANTONIO LARICO SMITH, Defendant-Appellant.

-------------------- Appeal from the United States District Court for the Western District of Texas USDC No. 6:05-CR-30-2 -------------------- Before JOLLY, DeMOSS, and STEWART, Circuit Judges.

PER CURIAM:* Counsel appointed to represent Antonio Larico Smith has requested leave to withdraw from this appeal and has filed a brief as required by Anders v. California, 386 U.S. 738 (1967).

Smith has filed a response to counsel’s motion to withdraw.

Our independent review of the brief, Smith’s response, and the record discloses no nonfrivolous issues for appeal. Counsel’s motion for leave to withdraw is GRANTED, counsel is excused from further responsibilities, 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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.

No. 06-50008 -2-