USA v. Elgin Ray Lofton, No. 09-10035 (11th Cir. 2009)

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[DO NOT PUBLISH] IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT ________________________ No. 09-10035 Non-Argument Calendar ________________________ FILED U.S. COURT OF APPEALS ELEVENTH CIRCUIT JUNE 9, 2009 THOMAS K. KAHN CLERK D. C. Docket No. 02-00122-CR-T-24EAJ UNITED STATES OF AMERICA, Plaintiff-Appellee, versus ELGIN RAY LOFTON, a.k.a. E-Luv, Defendant-Appellant. ________________________ Appeal from the United States District Court for the Middle District of Florida _________________________ (June 9, 2009) Before BLACK, BARKETT and COX, Circuit Judges. PER CURIAM: Leonard E. Clark, appointed counsel for Elgin Ray Lofton in this 18 U.S.C. § 3582(c)(2) proceeding, has filed a motion to withdraw on appeal, 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 entire record reveals no arguably meritorious issues, counsel s motion to withdraw is GRANTED, and the denial of Lofton s § 3582(c)(2) motion is AFFIRMED. 2

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