
    UNITED STATES of America, Plaintiff-Appellee v. Jorge Heriberto DUARTE, Defendant-Appellant.
    No. 06-51255
    Conference Calendar.
    United States Court of Appeals, Fifth Circuit.
    Sept. 6, 2007.
    Joseph H. Gay, Jr, Assistant U.S. Attorney, U.S. Attorney’s Office, Western District of Texas, San Antonio, TX, for Plaintiff-Appellee.
    Joe A. Spencer, Jr., Law Office of Joe A. Spencer, El Paso, TX, for Defendant-Appellant.
    Before DeMOSS, DENNIS, and OWEN, Circuit Judges.
   PER CURIAM:

Court-appointed counsel for Jorge Heriberto Duarte has moved for leave to withdraw and has filed a brief in accordance with Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967). Duarte has been deported and has not filed a response to counsel’s motion. Our independent review of the record and counsel’s brief discloses no nonfrivolous issue for appeal. Accordingly, counsel’s motion for leave to withdraw is GRANTED, counsel is excused from further responsibilities herein, and the APPEAL IS DISMISSED as frivolous, see 5th Cir. R. 42.2, and in part as moot. 
      
       Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.
     