United States v. Kelly

Per Curiam: Troy Kelly appeals the district court's order affirming his conviction for assault1 after a bench trial by a magistrate Judge. Kelly's attorney filed a brief in accordance with Anders v. California, 386 U.S. 738, 18 L. Ed. 2d 493, 87 S. Ct. 1396 (1967), concluding that there are no meritorious grounds for appeal, but raising the issue that Kelly was improperly denied his right to a jury trial. Kelly was notified of his right to file a supplemental brief, which he failed to do. In accordance with the requirements of Anders, we have examined the entire record and find no meritorious issues for appeal. Rather, we hold that Kelly was not entitled to a jury trial because he was charged with a petty offense. Accordingly, we affirm the order of the district court.