Llewellen Smith v. Warden


Opinion issued by court as to Appellant Llewellen Fernando Smith. Decision: Affirmed. Opinion type: Non-Published. Opinion method: Per Curiam. Motion to withdraw as counsel filed by Leland H. Kynes is GRANTED. [8149399-2]. (See 08/28/2017 opinion)(EEC/JEC/JP) The opinion is also available through the Court's Opinions page at this link http://www.ca11.uscourts.gov/opinions.

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Case: 15-13996 Date Filed: 08/28/2017 Page: 1 of 2 [DO NOT PUBLISH] IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT ________________________ No. 15-13996 Non-Argument Calendar ________________________ D.C. Docket No. 5:14-cv-00035-WTH-PRL LLEWELLEN FERNANDO SMITH, a.k.a. Llewelen F. Smith, Petitioner-Appellant, versus WARDEN, FCC COLEMAN - LOW, Respondent-Appellee. ________________________ Appeal from the United States District Court for the Middle District of Florida ________________________ (August 28, 2017) Before ED CARNES, Chief Judge, JULIE CARNES and JILL PRYOR, Circuit Judges. PER CURIAM: Case: 15-13996 Date Filed: 08/28/2017 Page: 2 of 2 Leland H. Kynes, appointed counsel on appeal for Llewellen F. Smith in this appeal from the dismissal of Smith’s 28 U.S.C. § 2241 habeas petition, has filed a motion to withdraw on appeal, supported by a brief prepared pursuant to Anders v. California, 386 U.S. 738 (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 dismissal of Smith’s § 2241 petition is AFFIRMED. 2

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