United States v. Juan Pablo Gutierrez

[DO NOT PUBLISH] IN THE UNITED STATES COURT OF APPEALS FILED FOR THE ELEVENTH CIRCUIT U.S. COURT OF APPEALS ________________________ ELEVENTH CIRCUIT JANUARY 11, 2010 No. 09-12711 JOHN P. LEY Non-Argument Calendar ACTING CLERK ________________________ D. C. Docket No. 07-00051-CR-JEC-1 UNITED STATES OF AMERICA, Plaintiff-Appellee, versus JUAN PABLO GUTIERREZ, a.k.a. Pablo, Defendant-Appellant. ________________________ Appeal from the United States District Court for the Northern District of Georgia _________________________ (January 11, 2010) Before DUBINA, Chief Judge, BLACK and ANDERSON, Circuit Judges. PER CURIAM: David R. MacKusick, appointed counsel for Juan Pablo Gutierrez 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, 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 Gutierrez’s conviction and sentence are AFFIRMED. 2