USA v. Elydiukys Fabelo, No. 08-16699 (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[DO NOT PUBLISH] IN THE UNITED STATES COURT OF APPEALS FILED FOR THE ELEVENTH CIRCUIT U.S. COURT OF APPEALS ________________________ ELEVENTH CIRCUIT No. 08-16699 Non-Argument Calendar ________________________ JUNE 23, 2009 THOMAS K. KAHN CLERK D. C. Docket No. 08-60114-CR-JIC UNITED STATES OF AMERICA, Plaintiff-Appellee, versus ELYDIUKYS FABELO, Defendant-Appellant. ________________________ Appeal from the United States District Court for the Southern District of Florida _________________________ (June 23, 2009) Before CARNES, WILSON and COX, Circuit Judges. PER CURIAM: Robin J. Farnsworth, appointed counsel for Elydiukys Fabelo in this direct criminal appeal, has filed a motion to withdraw from further representation, supported by a brief prepared 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 record reveals no arguable issues of merit, counsel s motion to withdraw is GRANTED, and Fabelo s convictions and sentences are AFFIRMED. However, we discovered a scrivener s error in the judgment and, therefore, this case is REMANDED for the limited purpose of correcting the judgment so that it indicates that the Count 4 conviction was for a conspiracy to use a firearm during a drug-trafficking crime under 18 U.S.C. § 924(o). 2

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