United States Court of Appeals Fifth Circuit F I L E D IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT May 29, 2007 Charles R. Fulbruge III Clerk No. 06-51452 Summary Calendar

UNITED STATES OF AMERICA, Plaintiff-Appellee, versus LOY KYLE EPTING, Defendant-Appellant.

-------------------- Appeal from the United States District Court for the Western District of Texas USDC No. 7:06-CR-142-1 -------------------- Before DAVIS, BARKSDALE and BENAVIDES, Circuit Judges.

PER CURIAM:* The attorney appointed to represent Loy Kyle Epting has moved for leave to withdraw and has filed a brief in accordance with Anders v. California, 386 U.S. 738 (1967). Epting has not filed a response. Our independent review of the counsel’s brief and the record discloses no nonfrivolous issue for appeal.

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.

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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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