United States v. Russell Glenn Malone

[DO NOT PUBLISH] IN THE UNITED STATES COURT OF APPEALS FILED FOR THE ELEVENTH CIRCUIT U.S. COURT OF APPEALS ________________________ ELEVENTH CIRCUIT Nov. 25, 2009 No. 08-12304 THOMAS K. KAHN Non-Argument Calendar CLERK ________________________ D. C. Docket No. 95-00017-CR-WLS-1 UNITED STATES OF AMERICA, Plaintiff-Appellee, versus RUSSELL GLENN MALONE, Defendant-Appellant. ________________________ Appeal from the United States District Court for the Middle District of Georgia _________________________ (November 25, 2009) Before TJOFLAT, WILSON and PRYOR, Circuit Judges. PER CURIAM: Demetria Nicole Williams, appointed counsel for Russell Glenn Malone in this appeal from the district court’s denial of Malone’s motion to reduce his 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). 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 Malone’s § 3582(c)(2) motion is AFFIRMED. 2