United States v. Alphonse Gainer

U.S. Court of Appeals for the Eleventh Circuit

United States v. Alphonse Gainer

Opinion

USCA11 Case: 20-13642 Date Filed: 04/27/2021 Page: 1 of 2

[DO NOT PUBLISH]

IN THE UNITED STATES COURT OF APPEALS

FOR THE ELEVENTH CIRCUIT

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No. 20-13642

Non-Argument Calendar

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D.C. Docket No. 5:94-cr-05004-LC-MD-1 UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus ALPHONSE GAINER, a.k.a. Daddy Black, a.k.a. Phillip L. Black,

Defendant-Appellant.

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Appeal from the United States District Court

for the Northern District of Florida

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(April 27, 2021) Before JORDAN, GRANT and LUCK, Circuit Judges. PER CURIAM:

USCA11 Case: 20-13642 Date Filed: 04/27/2021 Page: 2 of 2

Michael Ufferman, appointed counsel for Alphonse Gainer in this appeal of the denial of a federal prisoner’s motion for sentence reduction under the First Step Act of 2018, Pub. L. No. 115-391, § 404, 132 Stat. 5194, 522 (“First Step Act”), has moved to withdraw from further representation of the appellant and filed a brief pursuant to Anders v. California, 386 U.S. 738 (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 Gainer’s motion for a sentence reduction pursuant to the First Step Act is AFFIRMED.

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Reference

Status
Unpublished