United States Court of Appeals Fifth Circuit F I L E D IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT December 12, 2006

Charles R. Fulbruge III Clerk No. 05-41844 Conference Calendar

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

JESSE MARTINEZ,

Defendant-Appellant.

-------------------- Appeal from the United States District Court for the Southern District of Texas USDC No. 7:04-CR-188-ALL --------------------

Before KING, WIENER, and OWEN, Circuit Judges.

PER CURIAM:*

The Federal Public Defender appointed to represent Jesse

Martinez has moved for leave to withdraw and has filed a brief

in accordance with Anders v. California,

(1967).

Martinez has not responded to counsel’s motion. Our independent

review of the record and counsel’s brief shows that there are no

nonfrivolous issues for appeal. Accordingly, the 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. No. 05-41844 -2-