USA v. Kevin Brennan

Filing

Opinion issued by court as to Appellant Kevin Brennan. Decision: Affirmed. Opinion type: Non-Published. Opinion method: Per Curiam. Motion for release pending appeal filed by Appellant Kevin Brennan is DENIED. [7884141-2]; Motion to withdraw as counsel filed by Paul D. Petruzzi is GRANTED. [7867268-2]. (See 01/06/2017 opinion)(JEC/JP/SHB) The opinion is also available through the Court's Opinions page at this link http://www.ca11.uscourts.gov/opinions.

Case: 15-13356

Date Filed: 01/06/2017

Page: 1 of 2

[DO NOT PUBLISH]

IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT
________________________
No. 15-13356
Non-Argument Calendar
________________________
D.C. Docket No. 0:12-cr-60064-JIC-1

UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
KEVIN BRENNAN,
Defendant-Appellant.
________________________
Appeal from the United States District Court
for the Southern District of Florida
________________________
(January 6, 2017)

Before JULIE CARNES, JILL PRYOR and BLACK, Circuit Judges.
PER CURIAM:

Case: 15-13356

Date Filed: 01/06/2017

Page: 2 of 2

Paul Petruzzi, appointed counsel on appeal for Kevin Brennan in this appeal
from the denial of Brennan’s pro se Rule 33 motion for new trial, 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).
Additionally, Brennan, pro se, has filed a “motion for bond pending appeal in
response to prior motion to withdraw,” which is, in essence, a motion for
immediate release. First, our independent review of the entire record reveals that
counsel’s assessment of the relative merit of the appeal is correct. Second,
Brennan has shown no reason that he is entitled to release from prison, rather, he
has argued only that he should be released so that he can litigate the present appeal.
Because independent examination of the entire record reveals no arguable issues of
merit, counsel’s motion to withdraw is GRANTED, the denial of Brennan’s
motion for new trial is AFFIRMED, and Brennan’s motion for immediate release
is DENIED.

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