USA v. Rodney Jerome McNabb, No. 09-13302 (11th Cir. 2009)

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[DO NOT PUBLISH] IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT ________________________ No. 09-13302 Non-Argument Calendar ________________________ FILED U.S. COURT OF APPEALS ELEVENTH CIRCUIT DECEMBER 18, 2009 THOMAS K. KAHN CLERK D. C. Docket No. 05-00096-CR-3-RV UNITED STATES OF AMERICA, Plaintiff-Appellee, versus RODNEY JEROME MCNABB, a.k.a. Rocky, Defendant-Appellant. ________________________ Appeal from the United States District Court for the Northern District of Florida _________________________ (December 18, 2009) Before CARNES, HULL and ANDERSON, Circuit Judges. PER CURIAM: Chet Kaufman, appointed counsel for Rodney Jerome McNabb 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 (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 McNabb s § 3582(c)(2) motion is AFFIRMED. 2

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