USA v. Clayton K. Upshaw, No. 06-12558 (11th Cir. 2006)

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[DO NOT PUBLISH] IN THE UNITED STATES COURT OF APPEALS FILED FOR THE ELEVENTH CIRCUIT U.S. COURT OF APPEALS ________________________ ELEVENTH CIRCUIT DEC 27, 2006 THOMAS K. KAHN CLERK No. 06-12558 Non-Argument Calendar ________________________ D.C. Docket No. 05-00071-CR-FTM-33-DNF UNITED STATES OF AMERICA, Plaintiff-Appellee, versus CLAYTON UPSHAW, Defendant-Appellant. __________________________ Appeal from the United States District Court for the Southern District of Alabama _________________________ (December 27, 2006) Before TJOFLAT, HULL and HILL, Circuit Judges PER CURIAM: Mark G. Rodriguez, appointed counsel for Clayton Upshaw in this direct criminal appeal, has moved to withdraw from further representation of the appellant 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 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 Upshaw s conviction and sentence are AFFIRMED. 2

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