United States v. Moore

[DO NOT PUBLISH] IN THE UNITED STATES COURT OF APPEALS FILED FOR THE ELEVENTH CIRCUIT COURT OF APPEALS U.S. ________________________ ELEVENTH CIRCUIT DEC 20, 2010 No. 10-12917 JOHN LEY Non-Argument Calendar CLERK ________________________ D.C. Docket No. 5:07-cr-00004-RS-1 UNITED STATES OF AMERICA, lllllllllllllllllllll Plaintiff-Appellee, versus MARTIN B. MOORE, lllllllllllllllllllll Defendant-Appellant. ________________________ Appeal from the United States District Court for the Northern District of Florida ________________________ (December 20, 2010) Before BLACK, MARTIN and ANDERSON, Circuit Judges. PER CURIAM: Michael Ufferman, appointed counsel for Martin Brandon Moore in Moore’s third 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 record of Moore’s resentencing on Count II 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 Moore’s sentence is AFFIRMED. Moore’s motion to appoint new counsel is DENIED as moot. 2