United States Court of Appeals Fifth Circuit F I L E D IN THE UNITED STATES COURT OF APPEALS August 21, 2007 FOR THE FIFTH CIRCUIT Charles R. Fulbruge III Clerk No. 06-41296 Conference Calendar

UNITED STATES OF AMERICA Plaintiff-Appellee v. SAMUEL HERNANDEZ-HERNANDEZ Defendant-Appellant

Appeal from the United States District Court for the Southern District of Texas USDC No. 5:04-CR-247-1

Before HIGGINBOTHAM, SMITH, and CLEMENT, Circuit Judges.

PER CURIAM:* The Federal Public Defender appointed to represent Samuel Hernandez-Hernandez has moved for leave to withdraw and has filed a brief in accordance with Anders v. California, 386 U.S. 738 (1967).

Hernandez-Hernandez has not filed a response. Our independent review of the record and counsel’s brief discloses no nonfrivolous issue for appeal.

Accordingly, counsel’s motion for leave to withdraw is GRANTED, counsel is

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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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

See 5th Cir. R. 42.2.