USA v. James R. Gaines, No. 08-15178 (11th Cir. 2009)

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[DO NOT PUBLISH] IN THE UNITED STATES COURT OF APPEALS FILED FOR THE ELEVENTH CIRCUIT U.S. COURT OF APPEALS ________________________ ELEVENTH CIRCUIT May 18, 2009 THOMAS K. KAHN CLERK No. 08-15178 Non-Argument Calendar ________________________ D. C. Docket No. 08-00008-CR-ORL-31DAB UNITED STATES OF AMERICA, Plaintiff-Appellee, versus JAMES R. GAINES, Defendant-Appellant. ________________________ Appeal from the United States District Court for the Middle District of Florida _________________________ (May 18, 2009) Before BLACK, MARCUS and ANDERSON, Circuit Judges. PER CURIAM: Peter Warren Kenny, appointed counsel for James R. Gaines 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). 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 record reveals no arguable issues of merit, counsel s motion to withdraw is GRANTED, and Gaines s conviction and sentence are AFFIRMED. 2

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