United States Court of Appeals Fifth Circuit F I L E D IN THE UNITED STATES COURT OF APPEALS September 6, 2007 FOR THE FIFTH CIRCUIT Charles R. Fulbruge III Clerk No. 06-51255 Conference Calendar

UNITED STATES OF AMERICA Plaintiff-Appellee v. JORGE HERIBERTO DUARTE Defendant-Appellant

Appeal from the United States District Court for the Western District of Texas USDC No. 3:06-CR-515-4

Before DeMOSS, DENNIS, and OWEN, Circuit Judges.

PER CURIAM:* Court-appointed counsel for Jorge Heriberto Duarte has moved for leave to withdraw and has filed a brief in accordance with Anders v. California, 386 U.S. 738 (1967). Duarte has been deported and has not filed a response to counsel’s motion. 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 excused from further responsibilities

* 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. 06-51255 herein, and the APPEAL IS DISMISSED as frivolous, see 5TH CIR. R. 42.2, and in part as moot.