USA v. Billy McClain


Opinion issued by court as to Appellant Billy Joe McClain. Decision: Affirmed. Opinion type: Non-Published. Opinion method: Per Curiam. Motion to withdraw as counsel filed by Appellant Billy Joe McClain is GRANTED. [6545335-2].(See 08/27/12 opinion)(FMH.BBM/RLA)

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Case: 12-10977 Date Filed: 08/27/2012 Page: 1 of 2 [DO NOT PUBLISH] IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT ________________________ No. 12-10977 Non-Argument Calendar ________________________ D.C. Docket No. 3:88-cr-00215-HWM-TEM-2 UNITED STATES OF AMERICA, Plaintiff-Appellee, versus BILLY JOE MCCLAIN, a.k.a. Billy, a.k.a. Bill, a.k.a. Bo, a.k.a. Billion Dollar Bill, Defendant-Appellant. __________________________ Appeal from the United States District Court for the Middle District of Florida _________________________ (August 27, 2012) Before HULL, MARTIN and ANDERSON, Circuit Judges. PER CURIAM: Case: 12-10977 Date Filed: 08/27/2012 Page: 2 of 2 Tracy N. DaCruz, appointed counsel for Billy Joe McClain in this 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 the district court’s denial of McClain’s § 3582(c)(2) motion per Amendment 750 is AFFIRMED. 2

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