USA v. James Clinton Gilmore, Jr., No. 09-13463 (11th Cir. 2010)

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[DO NOT PUBLISH] IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT ________________________ FILED U.S. COURT OF APPEALS ELEVENTH CIRCUIT No. 09-13463 FEBRUARY 1, 2010 Non-Argument Calendar JOHN LEY ________________________ ACTING CLERK D. C. Docket No. 99-00073-CR-J-34TEM UNITED STATES OF AMERICA, Plaintiff-Appellee, versus JAMES CLINTON GILMORE, JR., Defendant-Appellant. ________________________ Appeal from the United States District Court for the Middle District of Florida _________________________ (February 1, 2010) Before BLACK, PRYOR and HILL, Circuit Judges. PER CURIAM: Donald B. Mairs, appointed counsel for James Clinton Gilmore, 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 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 order revoking Gilmore s supervised release and imposing his 36-month sentence under 18 U.S.C. § 3583(e)(3) is AFFIRMED. 2

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