United States v. Roderick L. Smith

[DO NOT PUBLISH] IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT FILED ________________________ U.S. COURT OF APPEALS ELEVENTH CIRCUIT No. 06-16276 SEPTEMBER 27, 2007 Non-Argument Calendar THOMAS K. KAHN CLERK ________________________ D. C. Docket No. 99-00021-CR-ORL-22JGG UNITED STATES OF AMERICA, Plaintiff-Appellee, versus RODERICK L. SMITH, Defendant-Appellant. ________________________ Appeal from the United States District Court for the Middle District of Florida _________________________ (September 27, 2007) Before BIRCH, BARKETT and PRYOR, Circuit Judges. PER CURIAM: Peter Warren Kenny, appointed counsel for Roderick L. Smith, has filed a motion to withdraw on appeal supported by a brief prepared 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 issues of arguable merit, counsel’s motion to withdraw is GRANTED and Smith’s revocation of supervised release and sentence are AFFIRMED. The motion to appoint counsel is DENIED AS MOOT. 2