United States v. Daryl M. Lewis

[DO NOT PUBLISH] IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT ________________________ FILED U.S. COURT OF APPEALS No. 09-11874 ELEVENTH CIRCUIT SEPTEMBER 22, 2009 Non-Argument Calendar THOMAS K. KAHN ________________________ CLERK D. C. Docket No. 06-00052-CR-3-RV UNITED STATES OF AMERICA, Plaintiff-Appellee, versus DARYL M. LEWIS, Defendant-Appellant. ________________________ Appeal from the United States District Court for the Northern District of Florida _________________________ (September 22, 2009) Before BLACK, BARKETT and WILSON, Circuit Judges. PER CURIAM: Gwendolyn Spivey, appointed counsel for Daryl M. Lewis in this direct criminal appeal, has moved to withdraw from further representation 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 confirms that there are no issues of arguable merit on appeal. Therefore, counsel’s motion to withdraw is GRANTED, and the denial of Lewis’s 18 U.S.C. § 3582(c)(2) motion is AFFIRMED. 2