USA v. James Harold Burke, Jr., No. 09-11273 (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[DO NOT PUBLISH] IN THE UNITED STATES COURT OF APPEALS FILED FOR THE ELEVENTH CIRCUIT U.S. COURT OF APPEALS ________________________ ELEVENTH CIRCUIT OCTOBER 27, 2009 THOMAS K. KAHN CLERK No. 09-11273 Non-Argument Calendar ________________________ D. C. Docket No. 08-00176-CR-WS UNITED STATES OF AMERICA, Plaintiff-Appellee, versus JAMES HAROLD BURKE, JR., a.k.a. Short Man, Defendant-Appellant. ________________________ Appeal from the United States District Court for the Southern District of Alabama _________________________ (October 27, 2009) Before BLACK, MARCUS and ANDERSON, Circuit Judges. PER CURIAM: Kristen Gartman Rogers, appointed counsel for James Harold Burke, Jr., has filed a motion to withdraw on appeal, 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 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 Burke s conviction and sentence are AFFIRMED. 2

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