United States Court of Appeals Fifth Circuit F I L E D IN THE UNITED STATES COURT OF APPEALS January 23, 2007 FOR THE FIFTH CIRCUIT Charles R. Fulbruge III Clerk No. 05-40760 Summary Calendar

UNITED STATES OF AMERICA, Plaintiff-Appellee, versus CHRISTOPHER W. JOHNSON, Defendant-Appellant.

Appeal from the United States District Court for the Eastern District of Texas USDC No. 1:04-CR-113-ALL

Before DeMOSS, STEWART and PRADO, Circuit Judges.

PER CURIAM:* The Federal Public Defender has moved for leave to withdraw and has filed a brief in accordance with Anders v. California, 386 U.S. 738 (1967). 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. The Government’s motion to dismiss the appeal is

* Pursuant to 5th Cir. R. 47.5, the Court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.

DENIED.