United States v. Tony Jerome Henry

USCA11 Case: 20-13758 Date Filed: 02/04/2022 Page: 1 of 2

[DO NOT PUBLISH] In the

United States Court of Appeals

For the Eleventh Circuit ____________________

No. 20-13758

Non-Argument Calendar ____________________

UNITED STATES OF AMERICA,

Plaintiff-Appellee, versus

TONY JEROME HENRY,

Defendant-Appellant.

____________________

Appeal from the United States District Court for the Middle District of Florida D.C. Docket No. 8:06-cr-00314-JSM-JSS-1 ____________________ USCA11 Case: 20-13758 Date Filed: 02/04/2022 Page: 2 of 2

2 Opinion of the Court 20-13758

Before WILLIAM PRYOR, Chief Judge, JORDAN and NEWSOM, Circuit Judges.

PER CURIAM:

Adam Labonte, appointed counsel for Tony Henry in this appeal from the partial denial of his motion for a reduced sentence under the First Step Act, 1 has moved to withdraw from further rep- resentation of the appellant and filed a brief pursuant to Anders v. California, 386 U.S. 738 (1967). Our independent review of the en- tire record reveals that counsel’s assessment of the relative merit of the appeal is correct. 2 Because independent examination of the en- tire record reveals no arguable issues of merit, counsel’s motion to withdraw is GRANTED, and the partial denial of Henry’s motion is AFFIRMED.

1 Pub. L. No. 115-391, § 404, 132 Stat. 5194, 5222.

2 We decline counsel’s invitation to adopt the position of other Circuit Courts of Appeals regarding the applicability of Anders to the denial of motions under the First Step Act.