[DO NOT PUBLISH]

IN THE UNITED STATES COURT OF APPEALS

FILED

FOR THE ELEVENTH CIRCUIT U.S. COURT OF APPEALS

________________________ ELEVENTH CIRCUIT

NOVEMBER 4, 2009

THOMAS K. KAHN

No. 08-13972 CLERK

Non-Argument Calendar

________________________

D. C. Docket No. 07-00016-CR-5 UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus WILLIAM K. CAPPS,

Defendant-Appellant.

________________________

Appeal from the United States District Court

for the Southern District of Georgia

_________________________

(November 4, 2009) Before BIRCH, MARCUS and COX, Circuit Judges. PER CURIAM:

Frank L. Butler, III, appointed counsel for William K. Capps in this direct criminal appeal, has moved to withdraw from further representation 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 confirms that there are no issues of arguable merit on appeal. Therefore, counsel’s motion to withdraw is GRANTED, and Capps’s conviction and sentence are AFFIRMED.

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