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United States v. Mahone

Citation: 128 F. App'x 754Docket: No. 04-16052; D.C. Docket No. 99-00194-CR-001

Court: Court of Appeals for the Eleventh Circuit; May 5, 2005; Federal Appellate Court

Narrative Opinion Summary

Peter J. Madden, appointed counsel for Daniel-Jay D. Mahone, has filed a motion to withdraw from representing Mahone in his direct criminal appeal, submitting a brief in accordance with Anders v. California. A thorough independent review of the record confirms that Madden's assessment regarding the lack of merit in the appeal is accurate. Consequently, the court grants the motion to withdraw, affirming Mahone's convictions and sentences.

Legal Issues Addressed

Affirmation of Convictions and Sentences

Application: Upon confirming that an appeal lacks merit, the court affirms the defendant's convictions and sentences.

Reasoning: Consequently, the court grants the motion to withdraw, affirming Mahone's convictions and sentences.

Independent Judicial Review of Appeal Merit

Application: The court conducts its own independent review of the record to determine the merit of an appeal when counsel files a motion to withdraw under the Anders procedure.

Reasoning: A thorough independent review of the record confirms that Madden's assessment regarding the lack of merit in the appeal is accurate.

Withdrawal of Counsel under Anders v. California

Application: The court allows appointed counsel to withdraw from representing a defendant on appeal when the counsel submits a brief indicating that the appeal lacks merit, and the court confirms this assessment upon independent review.

Reasoning: Peter J. Madden, appointed counsel for Daniel-Jay D. Mahone, has filed a motion to withdraw from representing Mahone in his direct criminal appeal, submitting a brief in accordance with Anders v. California.