United States v. Scott

* 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this opinion should not be published and is not precedent except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
February 14, 2007
Charles R. Fulbruge III
Clerk
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 05-40996
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
MELVIN HERSTON SCOTT, III,
Defendant-Appellant.
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Appeal from the United States District Court
for the Eastern District of Texas
USDC No. 1:04-CR-175-2
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Before BARKSDALE, GARZA, and CLEMENT, Circuit Judges.
PER CURIAM:*
Counsel appointed to represent Melvin Herston Scott, III,
has requested leave to withdraw from this appeal and has filed a
brief as required by Anders v. California, 386 U.S. 738 (1967).
Scott has not filed a response. 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, and the APPEAL
IS DISMISSED. See 5TH CIR. R. 42.2. The Government’s motion to
dismiss the appeal is DENIED as moot.

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