USA v. Clayton K. Upshaw, No. 09-11077 (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[DO NOT PUBLISH] IN THE UNITED STATES COURT OF APPEALS FILED FOR THE ELEVENTH CIRCUIT U.S. COURT OF APPEALS ________________________ ELEVENTH CIRCUIT No. 09-11077 Non-Argument Calendar ________________________ July 24, 2009 THOMAS K. KAHN CLERK D. C. Docket No. 05-00071-CR-FTM-33-DNF UNITED STATES OF AMERICA, Plaintiff-Appellee, versus CLAYTON K. UPSHAW, a.k.a. Polk, Defendant-Appellant. ________________________ Appeal from the United States District Court for the Middle District of Florida _________________________ (July 24, 2009) Before CARNES, PRYOR and HILL, Circuit Judges. PER CURIAM: Darlene M. Geiger, appointed counsel for Clayton K. Upshaw, 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 the district court s denial of Upshaw s motion to reduce his sentence, pursuant to 18 U.S.C. § 3582(c)(2), is AFFIRMED. 2

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