United States v. Kenneth Dwayne Houston

[DO NOT PUBLISH]

IN THE UNITED STATES COURT OF APPEALS

FOR THE ELEVENTH CIRCUIT ________________________ FILED U.S. COURT OF APPEALS No. 08-17234 ELEVENTH CIRCUIT MAY 26, 2009 Non-Argument Calendar

THOMAS K. KAHN ________________________

CLERK D. C. Docket No. 04-00014-CR-4-RH-WCS

UNITED STATES OF AMERICA,

Plaintiff-Appellee, versus

KENNETH DWAYNE HOUSTON, a.k.a. Boo-Boo,

Defendant-Appellant.

________________________

Appeal from the United States District Court for the Northern District of Florida _________________________ (May 26, 2009)

Before BIRCH, MARCUS and ANDERSON, Circuit Judges.

PER CURIAM:

Chet Kaufman, appointed counsel for Kenneth Dwayne Houston in this appeal from the district court’s denial of Houston’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 issues of arguable merit, counsel’s motion to withdraw is GRANTED, and the district court’s denial of relief under § 3582(c)(2) is AFFIRMED.