United States v. Collins

U.S. Court of Appeals for the Tenth Circuit May 23, 2002

United States v. Collins, 35 F. App'x 821 (10th Cir. 2002)

Opinion

ORDER AND JUDGMENT *

BRISCOE, Circuit Judge.

After examining the briefs and appellate record, this panel has determined unanimously that oral argument would not materially assist the determination of this appeal. See Fed. RApp. P. 34(a)(2); 10th Cir. R. 34.1(G). The case is therefore ordered submitted without oral argument.

*822 This is a direct appeal by defendant Melvin Clyde Collins from his conviction of kidnapping, in violation of 18 U.S.C. § 1201, and the sentence imposed. We dismiss the appeal.

Collins’ appellate counsel filed an Anders brief in which he stated he “is of the opinion that no meritorious issue can be found to support an appeal.” Br. at 1. On November 15, 2001, counsel filed a motion to withdraw, stating that he had mailed a copy of his motion and of the appellate brief to Collins. On January 11, 2002, Collins filed a pro se “Motion to Withdraw Appeal,” agreeing “there [are] no meritorious issues to support the appeal and [he] has no objections to bring forth.”

Counsel’s motion to withdraw is GRANTED. Collins’ motion to withdraw the appeal is GRANTED and the appeal is DISMISSED. The mandate shall issue forthwith.

This order and judgment is not binding precedent, except under the doctrines of law of the case, res judicata, and collateral estoppel. The court generally disfavors the citation of orders and judgments; nevertheless, an order and judgment may be cited under the terms and conditions of 10th Cir. R. 36.3.

Reference

Full Case Name: UNITED STATES of America, Plaintiff-Appellee, v. Melvin Clyde COLLINS, Defendant-Appellant
Status: Unpublished