USA v. Donald Duhart, No. 09-13044 (11th Cir. 2010)

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[DO NOT PUBLISH] IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT ________________________ No. 09-13044 Non-Argument Calendar ________________________ FILED U.S. COURT OF APPEALS ELEVENTH CIRCUIT MAY 12, 2010 JOHN LEY CLERK D. C. Docket No. 08-60309-CR-KAM UNITED STATES OF AMERICA, Plaintiff-Appellee, versus DONALD DUHART, Defendant-Appellant. ________________________ Appeal from the United States District Court for the Southern District of Florida _________________________ (May 12, 2010) Before TJOFLAT, MARTIN and ANDERSON, Circuit Judges. PER CURIAM: Robin Cindy Rosen-Evans, appointed counsel for Donald Duhart in this direct criminal appeal, has moved to withdraw from further representation of the appellant, because, in her opinion, the appeal is without merit. Counsel has 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 Duhart s convictions and sentences are AFFIRMED. 2

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