United States v. Mario Melo

[DO NOT PUBLISH] IN THE UNITED STATES COURT OF APPEALS FILED FOR THE ELEVENTH CIRCUIT U.S. COURT OF APPEALS ________________________ ELEVENTH CIRCUIT OCT 6, 2008 No. 08-10959 THOMAS K. KAHN Non-Argument Calendar CLERK ________________________ D. C. Docket No. 04-20139-CR-JEM UNITED STATES OF AMERICA, Plaintiff-Appellee, versus MARIO MELO, Defendant-Appellant. ________________________ Appeal from the United States District Court for the Southern District of Florida _________________________ (October 6, 2008) Before BIRCH, CARNES and BARKETT, Circuit Judges. PER CURIAM: Neal Gary Rosensweig, counsel for Mario Melo, 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.Ed.2d 493 (1967). Because our independent review of the entire record reveals no issues of arguable merit, counsel’s motion to withdraw is GRANTED and Melo’s sentence following re-sentencing is AFFIRMED. We DENY as moot Melo’s motion to dismiss counsel on appeal, and we DENY Melo’s motions to dismiss his appeal and/or hold his appeal in abeyance. 2