United States v. Tony Jerome Henry

U.S. Court of Appeals for the Eleventh Circuit

United States v. Tony Jerome Henry

Opinion

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[DO NOT PUBLISH] In the United States Court of Appeals For the Eleventh Circuit

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No. 20-13758 Non-Argument Calendar ____________________

UNITED STATES OF AMERICA, Plaintiff-Appellee, versus TONY JEROME HENRY,

Defendant-Appellant.

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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.

Reference

Status
Unpublished