USA v. Theza Ferguson, No. 05-13282 (11th Cir. 2006)

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[DO NOT PUBLISH] IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT ________________________ No. 05-13282 Non-Argument Calendar ________________________ FILED U.S. COURT OF APPEALS ELEVENTH CIRCUIT March 16, 2006 THOMAS K. KAHN CLERK D. C. Docket No. 03-20483-CR-MGC UNITED STATES OF AMERICA, Plaintiff-Appellee, versus THEZA FERGUSON, Defendant-Appellant. ________________________ Appeal from the United States District Court for the Southern District of Florida _________________________ (March 16, 2006) Before ANDERSON, BIRCH and FAY, Circuit Judges. PER CURIAM: Rafael Rodriguez, appointed appellate counsel for Theza Ferguson, has filed a motion to withdraw on appeal because, in his opinion, there are no issues of arguable merit on which to base the appeal. Counsel s motion is 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 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 Ferguson s conviction and sentence are AFFIRMED. 2

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