United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT October 25, 2006
Charles R. Fulbruge III
Clerk
No. 05-41546
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
TERRY MONTGOMERY,
Defendant-Appellant.
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Appeal from the United States District Court
for the Eastern District of Texas
USDC No. 1:05-CR-16-ALL
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Before JOLLY, DeMOSS, and STEWART, Circuit Judges.
PER CURIAM:*
The Federal Public Defender appointed to represent Terry
Montgomery has moved for leave to withdraw and has filed a brief
as required by Anders v. California, 386 U.S. 738 (1967).
Montgomery has not responded to counsel’s motion.
Our independent review of the brief filed by counsel and of
the record discloses no nonfrivolous issue for appeal. Counsel’s
motion for leave to withdraw is GRANTED, counsel is excused
from further responsibilities, and the appeal is DISMISSED.
See 5TH CIR. R. 42.2.
*
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this opinion should not be published and is not precedent except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.