United States v. Lewis Antonio Arnold

[DO NOT PUBLISH] IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT FILED ________________________ U.S. COURT OF APPEALS ELEVENTH CIRCUIT February 15, 2008 No. 07-13630 THOMAS K. KAHN Non-Argument Calendar CLERK ________________________ D. C. Docket No. 06-00012-CR-001-HL-7 UNITED STATES OF AMERICA, Plaintiff-Appellee, versus LEWIS ANTONIO ARNOLD, a.k.a. L.A., Defendant-Appellant. ________________________ Appeal from the United States District Court for the Middle District of Georgia _________________________ (February 15, 2008) Before BLACK, CARNES and BARKETT, Circuit Judges. PER CURIAM: Gerald B. Williams, appointed counsel for Lewis Antonio Arnold on this direct criminal appeal, has filed a motion to withdraw on appeal supported by a brief prepared pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.E.2d 493 (1967). Our independent review of the record reveals that counsel’s assessment of the relative merit of the appeal is correct. We note that, because we question the applicability of Arnold’s sentence appeal waiver, we do not rely on that waiver in determining that there are no issues of arguable merit for appeal. Because independent examination of the entire record reveals no arguable issues of merit, counsel’s motion to withdraw is GRANTED, and Arnold’s conviction and sentence are AFFIRMED. 2