United States v. Azell James Macon

[DO NOT PUBLISH] IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT ________________________ FILED U.S. COURT OF APPEALS No. 08-15354 ELEVENTH CIRCUIT APRIL 16, 2009 Non-Argument Calendar THOMAS K. KAHN ________________________ CLERK D. C. Docket No. 89-00004-CR-T-17-EAK UNITED STATES OF AMERICA, Plaintiff-Appellee, versus AZELL JAMES MACON, Defendant-Appellant. ________________________ Appeal from the United States District Court for the Middle District of Florida _________________________ (April 16, 2009) Before CARNES, WILSON and KRAVITCH, Circuit Judges. PER CURIAM: Leonard E. Clark, appointed counsel for Azell James Macon, in this appeal from the denial of relief under 18 U.S.C. § 3582(c)(2), 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). In a pro se response to counsel’s motion, Macon has moved for appointment of counsel. Because independent examination of the entire record reveals no arguable issues of merit, counsel’s motion to withdraw is GRANTED, the denial of Macon’s § 3582(c)(2) motion is AFFIRMED, and Macon’s motion for appointment of new counsel is DENIED as moot. 2