USA v. Harry Lee Telfair, No. 08-16653 (11th Cir. 2009)

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[DO NOT PUBLISH] IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT ________________________ No. 08-16653 Non-Argument Calendar ________________________ FILED U.S. COURT OF APPEALS ELEVENTH CIRCUIT JUNE 26, 2009 THOMAS K. KAHN CLERK D. C. Docket No. 04-00118-CR-WTM-4 UNITED STATES OF AMERICA, Plaintiff-Appellee, versus HARRY LEE TELFAIR, Defendant-Appellant. ________________________ Appeal from the United States District Court for the Southern District of Georgia _________________________ (June 26, 2009) Before DUBINA, Chief Judge, BLACK and BARKETT, Circuit Judges. PER CURIAM: Grant B. Smith, appointed counsel for Harry Lee Telfair 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). In considering counsel s motion, we consider only the propriety of Telfair s 2006 amended sentence at issue in this out-of-time direct appeal. We do not examine the propriety of any other actions Telfair has taken, or may take in the future. Our independent review of the entire record reveals that counsel s assessment of the relative merit of this out-of-time direct appeal for Telfair s 2006 amended sentence is correct. Because independent examination of the entire record reveals no arguable issues of merit, counsel s motion to withdraw is GRANTED, and Telfair s amended sentence is AFFIRMED. 2

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