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

United States v. Clayton K. Upshaw

United States v. Clayton K. Upshaw
U.S. Court of Appeals for the Eleventh Circuit · Decided July 24, 2009

United States v. Clayton K. Upshaw

Opinion

[DO NOT PUBLISH]

IN THE UNITED STATES COURT OF APPEALS FILED FOR THE ELEVENTH CIRCUIT U.S. COURT OF APPEALS ________________________ ELEVENTH CIRCUIT July 24, 2009 No. 09-11077 THOMAS K. KAHN Non-Argument Calendar CLERK ________________________ D. C. Docket No. 05-00071-CR-FTM-33-DNF UNITED STATES OF AMERICA,

Plaintiff-Appellee, versus CLAYTON K. UPSHAW, a.k.a. Polk, Defendant-Appellant.

________________________ Appeal from the United States District Court for the Middle District of Florida _________________________ (July 24, 2009) Before CARNES, PRYOR and HILL, Circuit Judges.

PER CURIAM: Darlene M. Geiger, appointed counsel for Clayton K. Upshaw, 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 arguable issues of merit, counsel’s motion to withdraw is GRANTED, and the district court’s denial of Upshaw’s motion to reduce his sentence, pursuant to 18 U.S.C. § 3582(c)(2), is AFFIRMED.

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