United States v. Phillip Wainwright

[DO NOT PUBLISH] IN THE UNITED STATES COURT OF APPEALS FILED FOR THE ELEVENTH CIRCUIT U.S. COURT OF APPEALS ________________________ ELEVENTH CIRCUIT May 15, 2009 No. 08-15369 THOMAS K. KAHN Non-Argument Calendar CLERK ________________________ D. C. Docket No. 02-00449-CR-T-17MSS UNITED STATES OF AMERICA, Plaintiff-Appellee, versus PHILLIP WAINWRIGHT, Defendant-Appellant. ________________________ Appeal from the United States District Court for the Middle District of Florida _________________________ (May 15, 2009) Before BIRCH, HULL and KRAVITCH, Circuit Judges. PER CURIAM: James W. Smith, III, appointed counsel for Phillip Wainwright in this appeal from the district court’s denial of a motion to reduce Wainwright’s sentence under 18 U.S.C. § 3582(c)(2), 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). Because independent examination of the entire record reveals no issues of arguable merit, counsel’s motion to withdraw is GRANTED, and the district court’s denial of relief under § 3582(c)(2) is AFFIRMED. 2