United States v. Steven R. Hardy

[DO NOT PUBLISH] IN THE UNITED STATES COURT OF APPEALS FILED FOR THE ELEVENTH CIRCUIT U.S. COURT OF APPEALS ________________________ ELEVENTH CIRCUIT OCTOBER 14, 2009 No. 08-16523 THOMAS K. KAHN Non-Argument Calendar CLERK ________________________ D. C. Docket No. 05-00044-CR-T-24-TBM UNITED STATES OF AMERICA, Plaintiff-Appellee, versus STEVEN R. HARDY, Defendant-Appellant. ________________________ Appeal from the United States District Court for the Middle District of Florida _________________________ (October 14, 2009) Before EDMONDSON, MARCUS and ANDERSON, Circuit Judges. PER CURIAM: Leonard Clark, appointed counsel for Steven R. Hardy, has filed a motion to withdraw on appeal 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 entire record reveals no arguable issues of merit, counsel’s motion to withdraw is GRANTED, and the district court’s denial of § 3582(c)(2) relief is AFFIRMED. 2