UNITED STATES v. COCHRAN (2018)

United States Court of Appeals, Eleventh Circuit.

UNITED STATES of America, Plaintiff-Appellee, v. Reubin W. COCHRAN, Jr., Defendant-Appellant.

No. 17-14589

Decided: May 25, 2018

Before TJOFLAT, WILSON, and JORDAN, Circuit Judges. Jeffrey Tharp, Robert G. Davies, U.S. Attorney Service—Northern District of Florida, U.S. Attorney's Office, Karen E. Rhew-Miller, U.S. Attorney's Office, Tallahassee, FL, for Plaintiff-Appellee Randall Scott Lockhart, Federal Public Defender's Office, Pensacola, FL, Randolph Patterson Murrell, Federal Public Defender's Office, Tallahassee, FL, for Defendant-Appellant

Richard M. Summa, appointed counsel for Reubin W. Cochran 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 Cochran’s conviction and sentence are AFFIRMED.

With respect, I dissent. I do not think that an appeal here “lacks any basis in fact or law,” McCoy v. Court of Appeals of Wisconsin, Dist. 1, 486 U.S. 429, 438 n.10, 108 S.Ct. 1895, 100 L.Ed.2d 440 (1988), and would require counsel to file a merits brief addressing the district court’s denial of Mr. Cohen’s motion to withdraw the guilty plea.

PER CURIAM: