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United States v. Layne

Citation: 228 F. App'x 969Docket: No. 05-17128

Court: Court of Appeals for the Eleventh Circuit; July 3, 2007; Federal Appellate Court

Narrative Opinion Summary

J. Rafael Rodriguez, appointed counsel for Harvey Oliver Layne, has filed a motion to withdraw from representing Layne in his direct criminal appeal and submitted an Anders brief. An independent review of the case record confirmed Rodriguez's assessment that the appeal lacks merit. Consequently, the court granted the motion to withdraw, affirming Layne's conviction and sentence.

Legal Issues Addressed

Affirmation of Conviction and Sentence

Application: Following the determination that the appeal was without merit, the court affirmed the appellant's conviction and sentence, allowing the counsel's withdrawal.

Reasoning: Consequently, the court granted the motion to withdraw, affirming Layne's conviction and sentence.

Independent Review of Case Record

Application: The court conducted an independent review of the case record to determine the merit of the appeal after counsel filed an Anders brief.

Reasoning: An independent review of the case record confirmed Rodriguez's assessment that the appeal lacks merit.

Withdrawal of Counsel under Anders v. California

Application: In this case, the appointed counsel sought to withdraw from representing the appellant by filing an Anders brief, indicating that the appeal was without merit.

Reasoning: J. Rafael Rodriguez, appointed counsel for Harvey Oliver Layne, has filed a motion to withdraw from representing Layne in his direct criminal appeal and submitted an Anders brief.