[DO NOT PUBLISH]

IN THE UNITED STATES COURT OF APPEALS

FILED

FOR THE ELEVENTH CIRCUIT U.S. COURT OF APPEALS

________________________ ELEVENTH CIRCUIT

AUGUST 16, 2010

No. 09-14389 JOHN LEY

Non-Argument Calendar CLERK

________________________

D. C. Docket No. 09-80023-CR-KAM UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus MARK JOSEPH HARVEY,

Defendant-Appellant.

________________________

Appeal from the United States District Court

for the Southern District of Florida

_________________________

(August 16, 2010) Before EDMONDSON, MARTIN and HILL, Circuit Judges. PER CURIAM:

Richard L. Rosenbaum, appointed counsel for Mark Joseph Harvey 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. Because independent examination of the entire record reveals no arguable issues of merit, counsel’s motion to withdraw is GRANTED, and Harvey’s convictions and sentences are AFFIRMED.1

1

Our affirmance of Harvey’s convictions and sentences shall not inhibit the district court’s plenary consideration of any Sixth Amendment claims that may be raised by 28 U.S.C. § 2255 motion to vacate, based on counsel’s representation in the district court.

2