United States v. Stevlein Stephon Bivins

• Court: Court of Appeals for the Eleventh Circuit
• Decided: December 11, 2018
• Docket: 18-12937
• Status: Unpublished

Opinion

Case: 18-12937 Date Filed: 12/11/2018 Page: 1 of 2

[DO NOT PUBLISH]

IN THE UNITED STATES COURT OF APPEALS

FOR THE ELEVENTH CIRCUIT ________________________

No. 18-12937 Non-Argument Calendar ________________________

D.C. Docket No. 3:11-cr-00232-BJD-MCR-1

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

STEVLEIN BIVINS, Defendant-Appellant. ________________________

Appeal from the United States District Court for the Middle District of Florida ________________________

(December 11, 2018)

Before MARTIN, JORDAN and NEWSOM, Circuit Judges.

PER CURIAM:

Rosemary Cakmis, appointed counsel for Stevlein Bivins in this direct

criminal appeal, has moved to withdraw from further representation of the Case: 18-12937 Date Filed: 12/11/2018 Page: 2 of 2

appellant and filed a brief pursuant to Anders v. California, 386 U.S. 738 (1967).

Our independent review of the entire record reveals that counsel’s assessment of

the relative merit of the appeal is correct. Because independent examination of the

entire record reveals no arguable issues of merit, counsel’s motion to withdraw is

GRANTED, and Bivins’s judgment of revocation and sentence are AFFIRMED. 1

1 We note that Bivins was apparently released from custody during the pendency of this appeal, and that he is not currently serving a term of supervised release. To the extent Bivins’s release renders his appeal moot, the proceedings are hereby dismissed. See United States v. Farmer, 923 F.2d 1557, 1568 (11th Cir. 1991) (holding that appeal from sentence was rendered moot by the defendant’s release from custody). 2