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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this opinion should not be published and is not precedent except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
July 13, 2006
Charles R. Fulbruge III
Clerk
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 05-51365
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
AVERY MARCELLE ELLIS,
Defendant-Appellant.
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Appeal from the United States District Court
for the Western District of Texas
USDC No. 6:05-CR-95-1
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Before SMITH, GARZA and PRADO, Circuit Judges.
PER CURIAM:*
The attorney appointed to represent Avery Marcelle Ellis has
filed a motion to withdraw and brief pursuant to Anders v.
California, 386 U.S. 738, 744 (1967). Our independent review of
the brief, Ellis’s response, and the record discloses no
nonfrivolous issue in this direct appeal. Accordingly, the
motion for leave 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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