USA v. Martin Moore, No. 10-12917 (11th Cir. 2010)

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[DO NOT PUBLISH] IN THE UNITED STATES COURT OF APPEALS FILED FOR THE ELEVENTH CIRCUIT COURT OF APPEALS U.S. ________________________ ELEVENTH CIRCUIT DEC 20, 2010 JOHN LEY CLERK No. 10-12917 Non-Argument Calendar ________________________ D.C. Docket No. 5:07-cr-00004-RS-1 UNITED STATES OF AMERICA, lllllllllllllllllllll Plaintiff-Appellee, versus MARTIN B. MOORE, lllllllllllllllllllll Defendant-Appellant. ________________________ Appeal from the United States District Court for the Northern District of Florida ________________________ (December 20, 2010) Before BLACK, MARTIN and ANDERSON, Circuit Judges. PER CURIAM: Michael Ufferman, appointed counsel for Martin Brandon Moore in Moore s third 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 (1967). Our independent review of the record of Moore s resentencing on Count II 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 Moore s sentence is AFFIRMED. Moore s motion to appoint new counsel is DENIED as moot. 2

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