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. 06-40797 Conference Calendar

UNITED STATES OF AMERICA,

Plaintiff-Appellee, versus

SABINO JAVIER MARTINEZ,

Defendant-Appellant.

-------------------- Appeal from the United States District Court for the Southern District of Texas USDC No. 1:06-CR-285 --------------------

Before BARKSDALE, GARZA, and CLEMENT, Circuit Judges.

PER CURIAM:*

The attorney appointed to represent Sabino Javier Martinez

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

by Anders v. California,

(1967). Martinez has not

filed a response to counsel’s motion. Our independent review of

the brief and the record discloses no nonfrivolous issue for

appeal. 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.

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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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