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. 05-41133 Conference Calendar

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

DAMEYON ANTOINE NEWTON,

Defendant-Appellant.

-------------------- Appeal from the United States District Court for the Eastern District of Texas USDC No. 4:04-CR-152-1 --------------------

Before BARKSDALE, GARZA, and CLEMENT, Circuit Judges.

PER CURIAM:*

The Federal Public Defender appointed to represent Dameyon

Antoine Newton has filed a motion to withdraw and brief pursuant

to Anders v. California,

(1967). Newton has not

filed a response. Our independent review of the brief and the

record discloses no nonfrivolous issue for appeal. Accordingly,

the 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.

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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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