USA v. Kirk Whittaker, No. 08-16207 (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[DO NOT PUBLISH] IN THE UNITED STATES COURT OF APPEALS FILED FOR THE ELEVENTH CIRCUIT U.S. COURT OF APPEALS ________________________ ELEVENTH CIRCUIT No. 08-16207 Non-Argument Calendar ________________________ Dec. 09, 2009 THOMAS K. KAHN CLERK D. C. Docket No. 92-00104-CR-ORL-19KRS UNITED STATES OF AMERICA, Plaintiff-Appellee, versus KIRK WHITTAKER, Defendant-Appellant. ________________________ Appeal from the United States District Court for the Middle District of Florida _________________________ (December 9, 2009) Before DUBINA, Chief Judge, PRYOR and FAY, Circuit Judges. PER CURIAM: Thomas H. Dale, appointed counsel for Kirk Whittaker in this appeal from the district court s denial of Whittaker s motion to vacate his sentence for lack of jurisdiction, 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 entire record reveals no arguable issues of merit, counsel s motion to withdraw is GRANTED, and the district court s denial of Whittaker s motion is AFFIRMED. 2

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