United States v. James McSwain

[DO NOT PUBLISH] IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT FILED ________________________ U.S. COURT OF APPEALS ELEVENTH CIRCUIT No. 05-15437 APR 26, 2006 Non-Argument Calendar THOMAS K. KAHN ________________________ CLERK D. C. Docket No. 04-60181-CR-WPD UNITED STATES OF AMERICA, Plaintiff-Appellee, versus JAMES MCSWAIN, Defendant-Appellant. ________________________ Appeal from the United States District Court for the Southern District of Florida _________________________ (April 26, 2006) Before TJOFLAT, DUBINA and HULL, Circuit Judges PER CURIAM: Terrance M. Lenamon, counsel for James McSwain, in this direct criminal appeal, has moved to withdraw from further representation of the appellant and 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 entire record reveals that counsel’s assessment of the relative merit of the appeal is correct. Because independent examination of the entire record reveals no arguable issues of merit, counsel’s motion to withdraw is GRANTED, and McSwain’s conviction and sentence are AFFIRMED. 2