IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit

FILED November 8, 2007 No. 06-20406 Conference Calendar Charles R. Fulbruge III Clerk

UNITED STATES OF AMERICA

Plaintiff-Appellee

v.

MARGARITO ELIAS

Defendant-Appellant

Appeal from the United States District Court for the Southern District of Texas USDC No. 4:05-CR-279-2

Before KING, BARKSDALE, and DENNIS, Circuit Judges. PER CURIAM:* The Federal Public Defender appointed to represent Margarito Elias (Elias) has moved for leave to withdraw and has filed a brief in accordance with Anders v. California,

(1967). Elias 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

* 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. 06-20406

responsibilities herein, and the APPEAL IS DISMISSED in part as frivolous, see 5TH CIR. R. 42.2, and in part as moot.

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