[DO NOT PUBLISH]

IN THE UNITED STATES COURT OF APPEALS

FILED

FOR THE ELEVENTH CIRCUIT U.S. COURT OF APPEALS

________________________ ELEVENTH CIRCUIT

Dec. 09, 2009

No. 08-16207 THOMAS K. KAHN

Non-Argument Calendar CLERK

________________________

D. C. Docket No. 92-00104-CR-ORL-19KRS UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus KIRK WHITTAKER,

Defendant-Appellant.

________________________

Appeal from the United States District Court

for the Middle District of Florida

_________________________

(December 9, 2009) Before DUBINA, Chief Judge, PRYOR and FAY, Circuit Judges. PER CURIAM:

Thomas H. Dale, appointed counsel for Kirk Whittaker in this appeal from the district court’s denial of Whittaker’s motion to vacate his sentence for lack of jurisdiction, 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 Whittaker’s motion is AFFIRMED.

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