USA v. Philip D. Smith

FILED
U.S. COURT OF APPEALS
ELEVENTH CIRCUIT
FEB 11, 2011
JOHN LEY
CLERK
[DO NOT PUBLISH]
IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT
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No. 10-13368
Non-Argument Calendar
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D. C. Docket No. 1:09-cr-00079-JEC-GGB-1
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
PHILLIP SMITH,
Defendant-Appellant.
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Appeal from the United States District Court
for the Northern District of Georgia
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(February 11, 2011)
Before BLACK, WILSON and FAY, Circuit Judges.
PER CURIAM:
Michael Trost, appointed counsel for Phillip Smith, in this direct criminal
appeal, has filed a motion to withdraw from further representation of the appellant,

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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.
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