U.S. v. LLOYD, 333 Fed.Appx. 487 (11th Cir. 2009)

No. 08-14245 Non-Argument Calendar.United States Court of Appeals, Eleventh Circuit.
September 14, 2009.

Joseph Peter Van Heest, Montgomery, AL, for Defendant-Appellant.

Andrew O. Schiff, Montgomery, AL, for Plaintiff-Appellee.

Appeal from the United States District Court for the Middle District of Alabama. D.C. Docket No. 07-00259-CR-W-N.

Before BARKETT, PRYOR and ANDERSON, Circuit Judges.

PER CURIAM:

Joseph Van Heest, appointed counsel for Derrick Myron Lloyd 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). On May 15, 2009, we denied without prejudice counsel’s motion, ordering counsel to file transcripts of the voir dire and jury selection proceedings. Following our May 15, 2009 order, counsel has demonstrated that he had already filed these transcripts before the issuance of our May 15, 2009 order. Consequently, weVACATE our May 15, 2009 order and consider the merits of counsel’s motion to withdraw. 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 Lloyd’s conviction and sentence are AFFIRMED. Lloyd’s motions for appointment of replacement counsel, and permission to file a second brief in case of inadvertent omissions from his first brief, are DENIED AS MOOT.

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