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. 05-41587 Summary Calendar

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

FRANK SUSTAITA,

Defendant-Appellant.

-------------------- Appeal from the United States District Court for the Southern District of Texas USDC No. 1:00-CR-194-3 --------------------

Before SMITH, WIENER, and OWEN, Circuit Judges.

PER CURIAM:*

The attorney appointed to represent Frank Sustaita has moved

for leave to withdraw and has filed a brief in accordance with

Anders v. California,

(1967). Sustaita has not

filed a response. Our independent review of the record and

counsel’s brief shows that there are no nonfrivolous issues for

appeal. Accordingly, counsel’s motion for leave to withdraw is

GRANTED, counsel is excused from further responsibilities herein,

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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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