Summary
considering appointed counsel's Anders brief and defendant's pro se brief only after defendant moved for, and was granted, permission to file a brief
Summary of this case from Gourdine v. United StatesOpinion
No. 08-10610 Non-Argument Calendar.
December 2, 2008.
Amy Lee Copeland, U.S. Attorney's Office, Savannah, GA, for Plaintiff-Appellee.
Earl Tyrone Pittman, Coleman, FL, for Defendant-Appellant.
Appeal from the United States District Court for the Southern District of Georgia. D.C. Docket No. 05-00037-CR-BAE-6.
Before TJOFLAT, DUBINA and HILL, Circuit Judges.
Jerry N. Cadle, appointed counsel for Earl Tyrone Pittman in this direct criminal appeal, 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). This court denied that motion and required counsel to supplement the record with transcripts and either renew his motion under Anders or file a merits brief. Appellant has moved for permission to file a pro se brief, which the court hereby grants.
We have now carefully reviewed the supplemental record material, appellant's pro se brief, and counsel's renewed motion to withdraw for want of arguable appellate issues.
Our review confirms that there are no issues of arguable merit on appeal. Therefore, counsel's motion to withdraw is GRANTED, and Pittman's conviction and sentence are AFFIRMED.