USA v. James Dwayne Merrett, No. 07-13106 (11th Cir. 2008)

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[DO NOT PUBLISH] IN THE UNITED STATES COURT OF APPEALS FILED U.S. COURT OF APPEALS FOR THE ELEVENTH CIRCUIT ELEVENTH CIRCUIT ________________________ FEBRUARY 6, 2008 THOMAS K. KAHN No. 07-13106 CLERK Non-Argument Calendar ________________________ D. C. Docket No. 05-00053-CR-J-20MCR UNITED STATES OF AMERICA, Plaintiff-Appellee, versus JAMES DWAYNE MERRETT, Defendant-Appellant. ________________________ Appeal from the United States District Court for the Middle District of Florida _________________________ (February 6, 2008) Before BARKETT, WILSON and PRYOR, Circuit Judges. PER CURIAM: Roland Falcon, appointed counsel for James Dwayne Merrett 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 Merrett s conviction and sentence are AFFIRMED. 2

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