Opinion
No. 10-13368 Non-Argument Calendar.
February 11, 2011.
Tracia M. King, Matthew Turner Jackson, Lawrence R. Sommerfeld, Sally Yates, U.S. Attorney's Office, Atlanta, GA, for Plaintiff-Appellee.
Michael J. Trost, Attorney at Law, Atlanta, GA, for Defendant-Appellant.
Appeal from the United States District Court for the Northern District of Georgia. D.C. Docket No. 1:09-cr-00079-JEC-GGB-1.
Before BLACK, WILSON and FAY, Circuit Judges.
Michael Trost, appointed counsel for Phillip Smith, in this direct criminal appeal, has filed a motion to withdraw from further representation of the appellant, because counsel believes that the appeal is without merit. Counsel has 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 record reveals that counsel's assessment of the relative merit of the appeal is correct. Because independent examination of the entire record reveals no arguably meritorious issues of merit, counsel's motion to withdraw is GRANTED, and Smith's conviction and sentence are AFFIRMED.