USA v. Mark Joseph Harvey, No. 09-14389 (11th Cir. 2010)

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[DO NOT PUBLISH] IN THE UNITED STATES COURT OF APPEALS FILED FOR THE ELEVENTH CIRCUIT U.S. COURT OF APPEALS ________________________ ELEVENTH CIRCUIT No. 09-14389 Non-Argument Calendar ________________________ AUGUST 16, 2010 JOHN LEY CLERK D. C. Docket No. 09-80023-CR-KAM UNITED STATES OF AMERICA, Plaintiff-Appellee, versus MARK JOSEPH HARVEY, Defendant-Appellant. ________________________ Appeal from the United States District Court for the Southern District of Florida _________________________ (August 16, 2010) Before EDMONDSON, MARTIN and HILL, Circuit Judges. PER CURIAM: Richard L. Rosenbaum, appointed counsel for Mark Joseph Harvey 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, 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 Harvey s convictions and sentences are AFFIRMED.1 1 Our affirmance of Harvey s convictions and sentences shall not inhibit the district court s plenary consideration of any Sixth Amendment claims that may be raised by 28 U.S.C. § 2255 motion to vacate, based on counsel s representation in the district court. 2

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