United States Court of Appeals, Fifth CircuitMay 29, 2007
229 Fed. Appx. 303 (5th Cir. 2007)

No. 06-51452 Summary Calendar.

May 29, 2007.

Joseph H. Gay, Jr., Assistant U.S. Attorney, U.S. Attorney's Office, Western District of Texas, San Antonio, TX, for Plaintiff-Appellee.

George E. Patton, Midland, TX, for Defendants-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.

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, 87 S.Ct. 1396, 18 L.Ed.2d 493 (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 Cm. R. 42.2.