United States v. Reginald Holsey

[DO NOT PUBLISH] IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT ________________________ FILED U.S. COURT OF APPEALS No. 10-10502 ELEVENTH CIRCUIT Non-Argument Calendar AUGUST 17, 2010 ________________________ JOHN LEY CLERK D.C. Docket No. 1:08-cr-21097-JAL-4 UNITED STATES OF AMERICA, Plaintiff-Appellee, versus REGINALD HOLSEY, a.k.a. Cornbread, a.k.a. CB, Defendant-Appellant, ________________________ Appeal from the United States District Court for the Southern District of Florida ________________________ (August 17, 2010) Before TJOFLAT, BLACK and WILSON, Circuit Judges. PER CURIAM: Phillip Horowitz, appointed counsel for Reginald Holsey 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. The final judgment, however, contains a clerical error, in that it specifies that Holsey’s conviction on Count Eleven is for conspiracy to possess with intent to distribute cocaine, instead of cocaine base. Therefore, we REMAND IN PART WITH INSTRUCTIONS to correct the clerical error on the final judgment. In all other respects, however, independent examination of the entire record reveals no arguable issues of merit. Counsel’s motion to withdraw is therefore GRANTED, and Holsey’s convictions and sentences are AFFIRMED. 2