USA v. Alphonse Gainer, No. 20-13642 (11th Cir. 2021)

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USCA11 Case: 20-13642 Date Filed: 04/27/2021 Page: 1 of 2 [DO NOT PUBLISH] IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT ________________________ No. 20-13642 Non-Argument Calendar ________________________ D.C. Docket No. 5:94-cr-05004-LC-MD-1 UNITED STATES OF AMERICA, Plaintiff-Appellee, versus ALPHONSE GAINER, a.k.a. Daddy Black, a.k.a. Phillip L. Black, Defendant-Appellant. ________________________ Appeal from the United States District Court for the Northern District of Florida ________________________ (April 27, 2021) Before JORDAN, GRANT and LUCK, Circuit Judges. PER CURIAM: USCA11 Case: 20-13642 Date Filed: 04/27/2021 Page: 2 of 2 Michael Ufferman, appointed counsel for Alphonse Gainer in this appeal of the denial of a federal prisoner’s motion for sentence reduction under the First Step Act of 2018, Pub. L. No. 115-391, § 404, 132 Stat. 5194, 522 (“First Step Act”), has moved to withdraw from further representation of the appellant and filed a brief pursuant to Anders v. California, 386 U.S. 738 (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 Gainer’s motion for a sentence reduction pursuant to the First Step Act is AFFIRMED. 2

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