United States v. Gregory Thomas Apicella

USCA11 Case: 19-13505 Document: 98-1 Date Filed: 01/03/2023 Page: 1 of 2

[DO NOT PUBLISH] In the

United States Court of Appeals

For the Eleventh Circuit ____________________

No. 19-13505

Non-Argument Calendar ____________________

UNITED STATES OF AMERICA,

Plaintiff-Appellee, versus

GREGORY THOMAS APICELLA,

Defendant-Appellant.

____________________

Appeal from the United States District Court for the Middle District of Florida D.C. Docket No. 2:18-cr-00049-SPC-NPM-1 ____________________ USCA11 Case: 19-13505 Document: 98-1 Date Filed: 01/03/2023 Page: 2 of 2

2 Opinion of the Court 19-13505

Before WILSON, BRANCH, and LUCK, Circuit Judges.

PER CURIAM:

David Mengers, appointed counsel for Gregory Apicella 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 (1967). Our independent review of the record reveals that counsel’s assessment of the relative merit of the appeal is correct. Because independent examination of the record reveals no arguable issues of merit, counsel’s motion to withdraw is GRANTED, and Apicella’s convictions and sentences are AFFIRMED. Apicella’s motion for new counsel and motion for re- consideration of the prior order denying his motion to discharge counsel are DENIED AS MOOT.