USA v. William K. Capps, No. 08-13972 (11th Cir. 2009)

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[DO NOT PUBLISH] IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT ________________________ No. 08-13972 Non-Argument Calendar ________________________ FILED U.S. COURT OF APPEALS ELEVENTH CIRCUIT NOVEMBER 4, 2009 THOMAS K. KAHN CLERK D. C. Docket No. 07-00016-CR-5 UNITED STATES OF AMERICA, Plaintiff-Appellee, versus WILLIAM K. CAPPS, Defendant-Appellant. ________________________ Appeal from the United States District Court for the Southern District of Georgia _________________________ (November 4, 2009) Before BIRCH, MARCUS and COX, Circuit Judges. PER CURIAM: Frank L. Butler, III, appointed counsel for William K. Capps in this direct criminal appeal, has moved to withdraw from further representation 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 confirms that there are no issues of arguable merit on appeal. Therefore, counsel s motion to withdraw is GRANTED, and Capps s conviction and sentence are AFFIRMED. 2

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