UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT
May 15, 1979
UNITED STATES OF AMERICA, APPELLEE,
FREEMAN GRAHAM, APPELLANT.
Appeal from the United States District Court for the Southern District of New York.
Present: HON. WILLIAM H. TIMBERS, Circuit Judge
HON. CHARLES H. TENNEY, District Judge
HON. LEONARD B. SAND, District Judge
This cause came on to be heard on the transcript of record from the United States District Court for the Southern District of New York, and was submitted by counsel.
ON CONSIDERATION WHEREOF, it is now hereby ordered, adjudged, and decreed that the judgment of said District Court be and it hereby is affirmed on the ground, based on our independent examination of the record and the brief filed by appellant's counsel, pursuant to Anders v. California, 386 U.S. 738 (1966), that there are no non-frivolous issues presented for review on this appeal. See statement of appellant filed May 8, 1979, herewith attached.
I, FREEMAN GRAHAM, No. 09714-158, presently serving a sentence of ten (10) years imprisonment in the United States Penitentiary, Atlanta, Georgia, have been advised by Jonathan L. Rosner, a court-appointed attorney, that he has read the Record on Appeal in the United States Court of Appeals for the Second Circuit on appeal from a Judgment entered in the United States District Court for the Southern District of New York and has concluded that there is no legal basis on which to prosecute an appeal.
I have also been advised that I have the right to request the United States Court of Appeals to relieve Mr. Rosner from the assignment of representing me and to have the Court appoint another another attorney to represent me.
Mr. Rosner has advised me that if I approve of his continuing to represent me he will file a Brief in the United States Court of Appeals for the Second Circuit stating that there are no issues to be determined by an appeal. (Mr. Rosner has also stated that on dismissal of the appeal or affirmance of the judgment of conviction he will move, under Rule 35, F.R.Crim.P., to reduce the sentence imposed on me.)
I understand the foregoing and desire that Mr. Rosner take the actions he has suggested. Specifically, I authorize him to file a Brief in the United States Court of Appeals for the Second Circuit stating that he has read and Record on Appeal and does not find any issues warranting review of my judgment of conviction by that Court.
Dated: February, 1979 Atlanta, Georgia
WITNESSED: Apr. 10, 1979
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