United States v. James R. Gaines

[DO NOT PUBLISH] IN THE UNITED STATES COURT OF APPEALS FILED FOR THE ELEVENTH CIRCUIT U.S. COURT OF APPEALS ________________________ ELEVENTH CIRCUIT May 18, 2009 No. 08-15178 THOMAS K. KAHN Non-Argument Calendar CLERK ________________________ D. C. Docket No. 08-00008-CR-ORL-31DAB UNITED STATES OF AMERICA, Plaintiff-Appellee, versus JAMES R. GAINES, Defendant-Appellant. ________________________ Appeal from the United States District Court for the Middle District of Florida _________________________ (May 18, 2009) Before BLACK, MARCUS and ANDERSON, Circuit Judges. PER CURIAM: Peter Warren Kenny, appointed counsel for James R. Gaines in this direct criminal appeal, 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). Our independent review of the entire record reveals that counsel’s assessment of the relative merit of the appeal is correct. Because independent examination of the record reveals no arguable issues of merit, counsel’s motion to withdraw is GRANTED, and Gaines’s conviction and sentence are AFFIRMED. 2