[DO NOT PUBLISH]

IN THE UNITED STATES COURT OF APPEALS

FILED

FOR THE ELEVENTH CIRCUIT U.S. COURT OF APPEALS

________________________ ELEVENTH CIRCUIT

JAN 15, 2009

No. 07-10080 THOMAS K. KAHN

Non-Argument Calendar CLERK

________________________

D. C. Docket No. 06-00136-CR-WS UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus ERVIN BERNARD EARL,

Defendant-Appellant.

________________________

Appeal from the United States District Court

for the Southern District of Alabama

_________________________

(January 15, 2009) Before BLACK, BARKETT and MARCUS, Circuit Judges. PER CURIAM:

Barre C. Dumas, appointed counsel for Ervin Bernard Earl, has filed a motion to withdraw on appeal supported by a brief prepared 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 issues of arguable merit, counsel’s motion to withdraw is GRANTED and Earl’s convictions are AFFIRMED. We note, however, that the judgment and the order memorializing the jury’s verdict incorrectly substitute 18 U.S.C. § 1853 for 18 U.S.C. § 1513. Therefore, we VACATE and REMAND with instructions that the district court correct the judgment and the order memorializing the jury’s verdict by replacing 18 U.S.C. § 1853 with 18 U.S.C. § 1513.

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