USA v. Avery Hardy, No. 06-10941 (11th Cir. 2006)
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[DO NOT PUBLISH] IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT ________________________ No. 06-10941 Non-Argument Calendar ________________________ FILED U.S. COURT OF APPEALS ELEVENTH CIRCUIT December 7, 2006 THOMAS K. KAHN CLERK D. C. Docket No. 05-00022-CR-001-WLS-1 UNITED STATES OF AMERICA, Plaintiff-Appellee, versus AVERY HARDY, Defendant-Appellant. ________________________ Appeal from the United States District Court for the Middle District of Georgia _________________________ (December 7, 2006) Before TJOFLAT, BLACK and MARCUS, Circuit Judges. PER CURIAM: Gerald B. Williams, appointed counsel for Avery Hardy in this 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, 18 L.Ed.2d 493 (1967). Appellant Hardy has also filed a motion to file a supplemental opening brief, a motion of non-opposition to counsel s motion to withdraw, and a brief. 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 Hardy s conviction and sentence are AFFIRMED. Hardy filed a motion of non-opposition accompanied by a proposed supplemental brief for our review, which we construe as a response to the Anders motion. After our consideration of this response, his motion to file a supplemental opening brief is DENIED AS MOOT. 2
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