USA v. Ralphe Poidevien, No. 15-10560 (11th Cir. 2015)
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Case: 15-10560 Date Filed: 07/17/2015 Page: 1 of 2 [DO NOT PUBLISH] IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT ________________________ No. 15-10560 Non-Argument Calendar ________________________ D.C. Docket No. 9:95-cr-08043-DTKH-2 UNITED STATES OF AMERICA, Plaintiff-Appellee, versus RALPHE POIDEVIEN, Defendant-Appellant. ________________________ Appeal from the United States District Court for the Southern District of Florida ________________________ (July 17, 2015) Before TJOFLAT, WILSON and JULIE CARNES, Circuit Judges. PER CURIAM: Case: 15-10560 Date Filed: 07/17/2015 Page: 2 of 2 Robert Adler, appointed counsel for Ralphe Poidevien, 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). Poidevien has filed a motion for leave to file a response to counsel’s motion to withdraw and Anders brief out of time. Poidevien’s motion is GRANTED, however, our independent review of the entire record reveals that counsel’s assessment of the relative merit of the appeal is correct. Therefore, because independent examination of the entire record reveals no arguable issues of merit, counsel’s motion to withdraw is GRANTED, and the denial of Poidevien’s motion to reduce sentence, filed pursuant to 18 U.S.C. § 3582(c)(2), is AFFIRMED. Furthermore, in light of the foregoing, Poidevien’s motion to dismiss appointed counsel, grant him leave to proceed on appeal pro se, and to be provided with a copy of the record on appeal is DENIED AS MOOT. 2
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