United States Court of Appeals Fifth Circuit F I L E D IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT December 5, 2006

Charles R. Fulbruge III Clerk No. 05-10472 Summary Calendar

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

MARDONIO GOMEZ,

Defendant-Appellant.

-------------------- Appeal from the United States District Court for the Northern District of Texas USDC No. 3:04-CR-253-3 --------------------

Before SMITH, WIENER, and OWEN, Circuit Judges.

PER CURIAM:*

The Federal Public Defender appointed to represent Mardonio

Gomez has requested leave to withdraw and has filed a brief as

required by Anders v. California,

(1967). Our

independent review of the record, counsel’s brief, and Gomez’s

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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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