United States of America v. James Smith

* After examining the Anders brief and the record, we have concluded that oral argument
is unnecessary. Thus, the appeal is submitted on the brief and the record. See Fed. R. App.
P. 34(a)(2).
United States Court of Appeals
For the Seventh Circuit
Chicago, Illinois 60604
Submitted September 24, 2009 *
Decided October 6, 2009
Before
WILLIAM J. BAUER, Circuit Judge
MICHAEL S. KANNE, Circuit Judge
TERENCE T. EVANS, Circuit Judge
No. 08‐2430
UNITED STATES OF AMERICA,
Plaintiff‐Appellee,
v.
JAMES SMITH,
Defendant‐Appellant.
Appeal from the United States District
Court for the Northern District
of Illinois, Eastern Division.
No. 1:06‐cr‐00682‐4
Samuel Der‐Yeghiayan,
Judge.
O R D E R
On June 4, 2008, defendant‐appellant James Smith (“Smith”) filed a notice of direct appeal
after pleading guilty to two counts of violating 21 U.S.C. § 843, use of a telephone to commit
a controlled substance offense, and being sentenced to a total of 96 months in the custody of the
Bureau of Prisons.
NONPRECEDENTIAL DISPOSITION
To be cited only in accordance with Fed. R. App. P. 32.1

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No. 08‐2430 Page 2
On February 26, 2009, his appointed counsel moved to withdraw under Anders v. California,
386 U.S. 738 (1967), stating that despite thoroughly scrutinizing the record, he was unable to
discern a non‐frivolous issue to pursue. On February 27, 2009, we informed Smith that he had
thirty days to present any argument to demonstrate that his conviction and/or sentence was
invalid. Smith presented no such argument.
We have reviewed the brief presented by counsel and agree that there is no non‐frivolous
issue. According, we affirm Smith’s conviction and sentence, and grant the motion to
withdraw.

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