U.S. Court of Appeals for the Eleventh Circuit, 2009

United States v. Elydiukys Fabelo

United States v. Elydiukys Fabelo
U.S. Court of Appeals for the Eleventh Circuit · Decided June 23, 2009 · Carnes, Wilson, Cox
327 F. App'x 869

United States v. Elydiukys Fabelo

Opinion

PER CURIAM:

Robin J. Farnsworth, appointed counsel for Elydiukys Fabelo in this direct criminal appeal, has filed a motion to withdraw from further representation, 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 record reveals no arguable issues of merit, counsel’s motion to withdraw is GRANTED, and Fabelo’s convictions and sentences are AFFIRMED. However, we discovered a scrivener’s error in the judgment and, therefore, this case is REMANDED for the limited purpose of correcting the judgment so that it indicates that the Count 4 conviction was for a conspiracy to use a firearm during a drug-trafficking crime under 18 U.S.C. § 924(o).

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