USA v. Kevin Brennan


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

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Case: 15-13356 Date Filed: 01/06/2017 Page: 1 of 2 [DO NOT PUBLISH] IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT ________________________ No. 15-13356 Non-Argument Calendar ________________________ D.C.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. 2

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