United States Court of Appeals Fifth Circuit F I L E D IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT February 14, 2007

Charles R. Fulbruge III Clerk No. 04-50589 Conference Calendar

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

WAYNE EARL WITCHER,

Defendant-Appellant.

-------------------- Appeal from the United States District Court for the Western District of Texas USDC No. 4:03-CR-321-1 --------------------

Before BARKSDALE, GARZA, and CLEMENT, Circuit Judges.

PER CURIAM:*

Counsel appointed to represent Wayne Earl Witcher has moved

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

Anders v. California,

(1967). Witcher has filed a

response to counsel’s motion. Our independent review of

counsel’s brief, the record, and Witcher’s response discloses no

nonfrivolous issues for appeal. The record is insufficiently

developed to allow consideration of Witcher’s claim of

ineffective assistance of counsel in this direct appeal. See

United States v. McElhaney,

, 383 n.1 (5th Cir.

* 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. 04-50589 -2-

2006). Accordingly, counsel’s motion for leave to withdraw is

GRANTED, counsel is excused from further responsibilities herein,

and the APPEAL IS DISMISSED. See 5TH CIR. R. 42.2.