United States v. Rickey Gerard Cannon

[DO NOT PUBLISH] IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT FILED ________________________ U.S. COURT OF APPEALS ELEVENTH CIRCUIT No. 08-15361 FEBRUARY 27, 2009 Non-Argument Calendar THOMAS K. KAHN CLERK ________________________ D. C. Docket No. 05-00051-CR-T-30MSS UNITED STATES OF AMERICA, Plaintiff-Appellee, versus RICKEY GERARD CANNON, Defendant-Appellant. ________________________ Appeal from the United States District Court for the Middle District of Florida _________________________ (February 27, 2009) Before BLACK, PRYOR and FAY, Circuit Judges. PER CURIAM: James W. Smith, III, appointed counsel for Rickey Gerard Cannon, 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). 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 denial of Cannon’s § 3582(c)(2) motion is AFFIRMED. 2