United States Court of Appeals Fifth Circuit F I L E D IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT February 22, 2007

Charles R. Fulbruge III Clerk No. 06-40375 Summary Calendar

UNITED STATES OF AMERICA

Plaintiff - Appellee

v.

MARTINDALE F MCLYMONT

Defendant - Appellant

-------------------- Appeal from the United States District Court for the Southern District of Texas USDC No. 2:02-CR-141-2 --------------------

Before KING, HIGGINBOTHAM, and GARZA, Circuit Judges.

PER CURIAM:*

The attorney appointed to represent Martindale F . McLymont

has requested leave to withdraw and has filed a brief as required

by Anders v. California,

(1967). McLymont has filed

a response. Our independent review of the record, counsel’s

brief, and McLymont’s response, discloses no nonfrivolous issue

for appeal. Counsel’s motion for leave to withdraw is GRANTED,

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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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