[DO NOT PUBLISH]

IN THE UNITED STATES COURT OF APPEALS

FOR THE ELEVENTH CIRCUIT FILED

________________________ U.S. COURT OF APPEALS

ELEVENTH CIRCUIT

No. 05-11480 NOVEMBER 16, 2005

Non-Argument Calendar THOMAS K. KAHN

________________________ CLERK

D.C. Docket No. 97-00709-CR-ASG UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus NEWTON COLOMBO PACHAY,

Defendant-Appellant.

__________________________

Appeal from the United States District Court

for the Southern District of Florida

_________________________

(November 16, 2005) Before DUBINA, CARNES and HULL, Circuit Judges PER CURIAM:

Ana M. Jhones, appointed counsel for Newton Colombo Pachay 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). Additionally, Pachay seeks appointment of substitute counsel. 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 Pachay’s conviction and sentence are AFFIRMED.

Pachay’s motion for appointment of substitute counsel is DENIED.

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