United States v. Wilber Jackson

[DO NOT PUBLISH] IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT ________________________ FILED U.S. COURT OF APPEALS No. 05-16965 ELEVENTH CIRCUIT Non-Argument Calendar JULY 25, 2006 ________________________ THOMAS K. KAHN CLERK D. C. Docket No. 05-00169-CR-WS UNITED STATES OF AMERICA, Plaintiff-Appellee, versus WILBER JACKSON, Defendant-Appellant. ________________________ Appeal from the United States District Court for the Southern District of Alabama _________________________ (July 25, 2006) Before BLACK, BARKETT and MARCUS, Circuit Judges. PER CURIAM: William Gregory Hughes, appointed counsel for Wilber Jackson in this direct criminal appeal, has filed a motion to withdraw, supported by a brief prepared 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. We are unpersuaded by the argument Jackson raises in his response to counsel’s motion, as it does not raise an issue of arguable merit.1 Because independent examination of the entire record reveals no arguable issues of merit, counsel’s motion to withdraw is GRANTED, Jackson’s motion for new counsel is denied as MOOT, and Jackson’s conviction and sentence are AFFIRMED. 1 Jackson suggests that he did not understand the plea agreement he signed and that his trial counsel lied to him in order to get him to sign the agreement. Our independent review reveals that the district court fully complied with the three “core concerns” of Fed. R. Crim. P. 11(b), see United States v, Quinones, 97 F.3d 472, 475 (11th Cir. 1996) (discussing core concerns of Rule 11), and we have found no evidence in the record of improper inducement or misrepresentation of the plea agreement. 2