[DO NOT PUBLISH]
IN THE UNITED STATES COURT OF APPEALS
FILED
FOR THE ELEVENTH CIRCUIT U.S. COURT OF APPEALS
________________________ ELEVENTH CIRCUIT
JAN 11, 2007
No. 06-13538 THOMAS K. KAHN
Non-Argument Calendar CLERK
________________________
D. C. Docket No. 04-00041-CR-CG
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
JAMES HUBERT CAIN,
Defendant-Appellant.
________________________
Appeal from the United States District Court
for the Southern District of Alabama
_________________________
(January 11, 2007)
Before TJOFLAT, BLACK and HULL, Circuit Judges.
PER CURIAM:
Kristen Gartman Rogers, counsel for James Hubert Cain in this appeal from
his re-sentencing, which was mandated in United States v. Cain, 433 F.3d 1345
(11th Cir. 2005), when we affirmed his conviction and sentencing guideline
calculation, has moved to withdraw from further representation of the appellant
and has 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 we
previously affirmed Cain’s conviction, and because independent examination of
the entire record reveals no arguable issues of merit, counsel’s motion to withdraw
is GRANTED, and Cain’s sentence imposed by the district court on May 17, 2006,
is AFFIRMED.
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