USA v. Kalvin Smith


Opinion issued by court as to Appellant Kalvin Wayne Smith. Decision: Affirmed. Opinion type: Non-Published. Opinion method: Per Curiam. Motion to withdraw as counsel filed by Franklin David McCrea is GRANTED. Motion for appointment of substitute counsel filed by Kalvin Smith is DENIED as moot. [8000393-2]. The opinion is also available through the Court's Opinions page at this link

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Case: 15-15662 Date Filed: 05/05/2017 Page: 1 of 2 [DO NOT PUBLISH] IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT ________________________ No. 15-15662 Non-Argument Calendar ________________________ D.C. Docket No. 2:15-cr-00010-LGW-RSB-5 UNITED STATES OF AMERICA, Plaintiff-Appellee, versus KALVIN WAYNE SMITH, Defendant-Appellant. ________________________ Appeal from the United States District Court for the Southern District of Georgia ________________________ (May 5, 2017) Before HULL, MARCUS and WILSON, Circuit Judges. PER CURIAM: David McCrea, appointed counsel for Kalvin Smith in this direct criminal appeal, has moved to withdraw from further representation of the appellant and Case: 15-15662 Date Filed: 05/05/2017 Page: 2 of 2 filed a brief 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 Smith’s conviction and sentence are AFFIRMED. Kalvin Smith’s motion for appointment of substitute counsel is DENIED as moot. 2

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