[DO NOT PUBLISH]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.