United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT March 9, 2007
Charles R. Fulbruge III
Clerk
No. 05-40461
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
JONATHAN EDWARD HOUSE,
Defendant-Appellant.
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Appeal from the United States District Court
for the Eastern District of Texas
USDC No. 9:04-CR-22-ALL
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Before DAVIS, BARKSDALE, and BENAVIDES, Circuit Judges.
PER CURIAM:*
Counsel appointed to represent Jonathan Edward House has
requested leave to withdraw from this appeal and has filed a
brief as required by Anders v. California, 386 U.S. 738 (1967).
House has filed responses to counsel’s motion to withdraw, moving
for the appointment of counsel and raising several claims,
including claims of ineffective assistance of counsel. The
Government has moved for dismissal of the appeal based on House’s
appeal waiver.
*
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this opinion should not be published and is not precedent except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. 05-40461
-2-
Our independent review of the record and counsel’s brief
discloses no nonfrivolous issue for appeal. Counsel’s motion for
leave to withdraw is GRANTED, counsel is excused from further
responsibilities, House’s motion for appointment of counsel is
DENIED, and the APPEAL IS DISMISSED without prejudice to House’s
right to bring his ineffective assistance of counsel claims in a
motion to vacate, set aside, or correct sentence pursuant to
28 U.S.C. § 2255. See 5TH CIR. R. 42.2. The Government’s motion
to dismiss the appeal is DENIED AS MOOT.
DISMISSED.