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- ilnd;;1:05-cr-00471_de1163 RegisterActionDate "2009-08-21" @default.
- ilnd;;1:05-cr-00471_de1163 RegisterActionDescriptionText "ORDER of USCA (certified copy) as to Willie Smith regarding notice of appeal 1006 : Willie Smith was one of dozens of people snared in a wiretap investigation of a drugring, but he was tried separately on a 14-count indictment that included charges ofconspiracy, 21 U.S.C. §§ 846, 841(a)(1), possession with intent to distribute, id. § 841(a)(1),and use of a telephone to facilitate the drug crimes, id. § 843(b). After a bench trial, Smithwas convicted of the three § 841(a)(1) charges and six counts of using a phone to facilitatethose violations, but acquitted on the conspiracy count and the other phone counts premised on the conspiracy. He received a below-guidelines sentence of 84 months 1imprisonment. Although Smith filed a notice of appeal, his appointed lawyers cannot finda nonfrivolous issue for appeal and seek permission to withdraw. See Anders v. California,382 U.S. 738 (1967). Smith has not responded to counsels submission. See CIR. R. 51(b).We confine our review to the potential issues identified in counsels facially adequate brief.See United States v. Schuh, 289 F.3d 968, 973-74 (7th Cir. 2002). Finally, counsel ponder whether Smith might have grounds to raise a claim ofineffective assistance of counsel since his lawyer at trial raised few objections to any of thegovernments evidence and did not call any witnesses of his own. But appellate counselconclude that on the present record there is no basis to challenge trial counselsperformance, and we agree that Smith should reserve any such contention forpostconviction proceedings where the record may be developed. See Massaro v. UnitedStates, 538 U.S. 500, 504-05 (2003); United States v. Harris, 394 F.3d 543, 557 (7th Cir. 2005).Accordingly, we GRANT the motion to withdraw and DISMISS the appeal.(yap, ) (Entered: 08/21/2009)" @default.
- ilnd;;1:05-cr-00471_de1163 AdministrativeID "1122" @default.
- ilnd;;1:05-cr-00471_de1163 OntologyLabel dispositive @default.
- ilnd;;1:05-cr-00471_de1163 OntologyLabel trial_bench @default.
- ilnd;;1:05-cr-00471_de1163 OntologyLabel sentence @default.
- ilnd;;1:05-cr-00471_de1163 OntologyLabel trial @default.
- ilnd;;1:05-cr-00471_de1163 hasReferenceToOtherEntry ilnd;;1:05-cr-00471_de1050 @default.