USA v. Michael Montgomery, No. 10-14607 (11th Cir. 2011)

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[DO NOT PUBLISH] IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT ________________________ FILED U.S. COURT OF APPEALS ELEVENTH CIRCUIT No. 10-14607 JUNE 1, 2011 Non-Argument Calendar JOHN LEY ________________________ CLERK D.C. Docket No. 6:03-cr-00210-ACC-GJK-2 UNITED STATES OF AMERICA, Plaintiff-Appellee, versus MICHAEL JAMES MONTGOMERY, Defendant-Appellant. ________________________ Appeal from the United States District Court for the Middle District of Florida ________________________ (June 1, 2011) Before HULL, MARTIN and ANDERSON, Circuit Judges. PER CURIAM: Tracy N. DaCruz, appointed counsel for Michael James Montgomery in this 18 U.S.C. § 3582(c)(2) proceeding, 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 the district court s order denying Montgomery a sentence reduction under § 3582(c)(2) is AFFIRMED. 2

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