IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit FILED February 20, 2008 No. 07-10490 Conference Calendar Charles R. Fulbruge III Clerk UNITED STATES OF AMERICA Plaintiff-Appellee v. MICHAEL LYNN BRASHEAR Defendant-Appellant

Appeal from the United States District Court for the Northern District of Texas USDC No. 3:06-CR-124-1

Before KING, WIENER, and ELROD, Circuit Judges.

PER CURIAM:* The attorney appointed to represent Michael Lynn Brashear has moved for leave to withdraw and has filed a brief in accordance with Anders v. California, 386 U.S. 738 (1967). Brashear has filed a response. Our independent review of the record, counsel’s brief, and Brashear’s response discloses no nonfrivolous issue for appeal. Accordingly, counsel’s motion for

* 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. 07-10490 leave to withdraw is GRANTED, counsel is excused from further responsibilities herein, and the APPEAL IS DISMISSED. See 5TH CIR. R. 42.2.