USA v. Dwayne Arnett Toomer, No. 07-11491 (11th Cir. 2009)

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[DO NOT PUBLISH] IN THE UNITED STATES COURT OF APPEALS FILED FOR THE ELEVENTH CIRCUIT U.S. COURT OF APPEALS ________________________ ELEVENTH CIRCUIT No. 07-11491 Non-Argument Calendar ________________________ AUGUST 12, 2009 THOMAS K. KAHN CLERK D. C. Docket No. 06-00125-CR-ORL-19-KRS UNITED STATES OF AMERICA, Plaintiff-Appellee, versus DWAYNE ARNETT TOOMER, Defendant-Appellant. ________________________ Appeal from the United States District Court for the Middle District of Florida _________________________ (August 12, 2009) Before EDMONDSON, MARCUS and ANDERSON, Circuit Judges. PER CURIAM: Kirby G. Oberdorfer, appointed counsel for Dwayne Arnett Toomer, has moved to withdraw from further representation of the appellant, because, in her opinion, the appeal is without merit. Counsel has 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 Toomer s conviction and sentence are AFFIRMED. 2

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