[DO NOT PUBLISH]
IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT
________________________ FILED
U.S. COURT OF APPEALS
No. 10-13368 ELEVENTH CIRCUIT
FEB 11, 2011
Non-Argument Calendar
JOHN LEY
________________________
CLERK
D. C. Docket No. 1:09-cr-00079-JEC-GGB-1
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
PHILLIP SMITH,
Defendant-Appellant.
________________________
Appeal from the United States District Court
for the Northern District of Georgia
_________________________
(February 11, 2011)
Before BLACK, WILSON and FAY, Circuit Judges.
PER CURIAM:
Michael Trost, appointed counsel for Phillip Smith, in this direct criminal
appeal, has filed a motion to withdraw from further representation of the appellant,
because counsel believes that the appeal is without merit. Counsel has filed a brief
pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493
(1967).
Our independent review of the record reveals that counsel’s assessment of
the relative merit of the appeal is correct. Because independent examination of the
entire record reveals no arguably meritorious issues of merit, counsel’s motion to
withdraw is GRANTED, and Smith’s conviction and sentence are AFFIRMED.
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