United States v. Javier Martinez

[DO NOT PUBLISH] IN THE UNITED STATES COURT OF APPEALS FILED U.S. COURT OF APPEALS FOR THE ELEVENTH CIRCUIT ELEVENTH CIRCUIT ________________________ JANUARY 22, 2009 THOMAS K. KAHN No. 08-14381 CLERK Non-Argument Calendar ________________________ D. C. Docket No. 05-00180-CR UNITED STATES OF AMERICA, Plaintiff-Appellee, versus JAVIER MARTINEZ, Defendant-Appellant. ________________________ Appeal from the United States District Court for the Middle District of Florida _________________________ (January 22, 2009) Before BLACK, BARKETT and MARCUS, Circuit Judges. PER CURIAM: Donna Lee Elm, appointed counsel for Javier Martinez in this appeal of the district court’s denial of Martinez’s sentence reduction, pursuant to 18 U.S.C. § 3582, has moved to withdraw from further representation 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 confirms that there are no issues of arguable merit on appeal. Therefore, counsel’s motion to withdraw is GRANTED, and the denial of Martinez’s 18 U.S.C. § 3582 sentence reduction is AFFIRMED. 2