USA v. Tony Smith, No. 08-10623 (11th Cir. 2008)

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[DO NOT PUBLISH] IN THE UNITED STATES COURT OF APPEALS FILED FOR THE ELEVENTH CIRCUIT U.S. COURT OF APPEALS ________________________ ELEVENTH CIRCUIT No. 08-10623 Non-Argument Calendar ________________________ SEPT 10, 2008 THOMAS K. KAHN CLERK D. C. Docket No. 06-00010-CR-JFN-6 UNITED STATES OF AMERICA, Plaintiff-Appellee, versus TONY SMITH, a.k.a. Rapp Ware, Defendant-Appellant. ________________________ Appeal from the United States District Court for the Southern District of Georgia _________________________ (September 10, 2008) Before ANDERSON, BIRCH and DUBINA, Circuit Judges. PER CURIAM: Laura Wheaton, appointed counsel for Tony Smith in this direct criminal appeal, 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). 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. 2

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