United States v. Keith Jeromeo Milton

Case: 12-10721 Date Filed: 10/16/2012 Page: 1 of 2 [DO NOT PUBLISH] IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT ________________________ No. 12-10721 Non-Argument Calendar ________________________ D.C. Docket No. 3:11-cr-00016-HLA-JRK-1 UNITED STATES OF AMERICA, Plaintiff-Appellee, versus KEITH JEROMEO MILTON, Defendant-Appellant. ________________________ Appeal from the United States District Court for the Middle District of Florida ________________________ (October 16, 2012) Before MARTIN, JORDAN and ANDERSON, Circuit Judges. PER CURIAM: Case: 12-10721 Date Filed: 10/16/2012 Page: 2 of 2 Susan Good Yazgi, appointed appellate counsel for Keith Milton in this direct criminal appeal, 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 (1967). An independent review of the record reveals no issue of arguable merit for us to consider on appeal. Therefore, counsel’s motion to withdraw is GRANTED and Milton’s conviction and sentence are AFFIRMED. We do note a clerical error in the judgment, however. The written judgment states that Milton was convicted of possessing cocaine base with intent to distribute, in violation of 21 U.S.C. § 841(a)(1), but Milton was convicted of distributing cocaine base under that statute. We therefore VACATE AND REMAND for the limited purpose of entering a judgment in conformity with the indictment and Milton’s plea. 2