USA v. Kenneth Dwayne Houston, No. 08-17234 (11th Cir. 2009)

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[DO NOT PUBLISH] IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT ________________________ No. 08-17234 Non-Argument Calendar ________________________ FILED U.S. COURT OF APPEALS ELEVENTH CIRCUIT MAY 26, 2009 THOMAS K. KAHN CLERK D. C. Docket No. 04-00014-CR-4-RH-WCS UNITED STATES OF AMERICA, Plaintiff-Appellee, versus KENNETH DWAYNE HOUSTON, a.k.a. Boo-Boo, Defendant-Appellant. ________________________ Appeal from the United States District Court for the Northern District of Florida _________________________ (May 26, 2009) Before BIRCH, MARCUS and ANDERSON, Circuit Judges. PER CURIAM: Chet Kaufman, appointed counsel for Kenneth Dwayne Houston in this appeal from the district court s denial of Houston s motion to reduce his sentence under 18 U.S.C. § 3582(c)(2), 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 issues of arguable merit, counsel s motion to withdraw is GRANTED, and the district court s denial of relief under § 3582(c)(2) is AFFIRMED. 2

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