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* 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this opinion should not be published and is not precedent except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.
United States Court of Appeals
Fifth Circuit
F I L E D
October 25, 2006
Charles R. Fulbruge III
Clerk
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 04-40866
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
PETE PENA,
Defendant-Appellant.
--------------------
Appeal from the United States District Court
for the Southern District of Texas
USDC No. 5:02-CR-384-1
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Before JOLLY, DeMOSS, and STEWART, Circuit Judges.
PER CURIAM:*
Counsel appointed for Pete Pena has filed a motion for leave
to withdraw and briefs as required by Anders v. California,
386 U.S. 738 (1967). Pena has not filed a response. Our
independent review of counsel’s briefs and the record discloses
no nonfrivolous issue. Accordingly, counsel’s motion to withdraw
is GRANTED, counsel is excused from further responsibilities
herein, and the APPEAL IS DISMISSED. See 5TH CIR. R. 42.2.
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