UNITED STATES v. BIVINS (2018)

United States Court of Appeals, Eleventh Circuit.

UNITED STATES of America, Plaintiff-Appellee, v. Stevlein BIVINS, Defendant-Appellant.

No. 18-12937

Decided: December 11, 2018

Before MARTIN, JORDAN and NEWSOM, Circuit Judges.

Germaine Seider, U.S. Attorney Service - Middle District of Florida, U.S. Attorney's Office, Tampa, FL, for Plaintiff-Appellee Lisa Call, Maurice C. Grant, II, Sylvia Irvin, Federal Public Defender's Office, Jacksonville, FL, Donna Lee Elm, Federal Public Defender's Office, Orlando, FL, for Defendant-Appellant Stevlein Stephon Bivins, Pro Se

Rosemary Cakmis, appointed counsel for Stevlein Bivins in this direct criminal appeal, has moved to withdraw from further representation of the appellant 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 reveals that counsel’s assessment of the relative merit of the appeal is correct. Because independent examination of the entire record reveals no arguable issues of merit, counsel’s motion to withdraw is GRANTED, and Bivins’s judgment of revocation and sentence are AFFIRMED.¹

FOOTNOTES

1. We note that Bivins was apparently released from custody during the pendency of this appeal, and that he is not currently serving a term of supervised release. To the extent Bivins’s release renders his appeal moot, the proceedings are hereby dismissed. See United States v. Farmer, 923 F.2d 1557, 1568 (11th Cir. 1991) (holding that appeal from sentence was rendered moot by the defendant’s release from custody).

PER CURIAM:

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