United States v. David Lee Beard

[DO NOT PUBLISH] IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT ________________________ FILED U.S. COURT OF APPEALS ELEVENTH CIRCUIT No. 05-11078 January 31, 2006 Non-Argument Calendar THOMAS K. KAHN ________________________ CLERK D. C. Docket No. 04-00061-CR-FTM-29DNF UNITED STATES OF AMERICA, Plaintiff-Appellee, versus DAVID LEE BEARD, a.k.a. Michael Lee O'Donnell, Defendant-Appellant. ________________________ Appeal from the United States District Court for the Middle District of Florida _________________________ (January 31, 2006) Before CARNES, PRYOR and FAY, Circuit Judges PER CURIAM: Mark J. O’Brien, appointed counsel for David Lee Beard 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 Beard’s conviction and sentence are AFFIRMED. 2