[DO NOT PUBLISH]

IN THE UNITED STATES COURT OF APPEALS

FOR THE ELEVENTH CIRCUIT

________________________ FILED

U.S. COURT OF APPEALS

No. 08-12774 ELEVENTH CIRCUIT

JANUARY 15, 2009

Non-Argument Calendar

THOMAS K. KAHN

________________________

CLERK

D. C. Docket No. 05-00321-CR-WS UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus EARL LAPRADE MILLER, III, a.k.a. Boomie,

Defendant-Appellant.

________________________

Appeal from the United States District Court

for the Southern District of Alabama

_________________________

(January 15, 2009) Before DUBINA, PRYOR and KRAVITCH, Circuit Judges. PER CURIAM:

Arthur J. Madden, III, appointed counsel for Earl Laprade Miller, III, 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). Our independent review of the entire record reveals that counsel’s assessment of the relative merit of the appeal is correct and there are no arguable issues of merit. Therefore, counsel’s motion to withdraw is GRANTED, and Miller’s conviction and sentence are AFFIRMED.

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