USA v. Mark Joseph Harvey

FILED
U.S. COURT OF APPEALS
ELEVENTH CIRCUIT
AUGUST 16, 2010
JOHN LEY
CLERK
[DO NOT PUBLISH]
IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT
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No. 09-14389
Non-Argument Calendar
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D. C. Docket No. 09-80023-CR-KAM
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
MARK JOSEPH HARVEY,
Defendant-Appellant.
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Appeal from the United States District Court
for the Southern District of Florida
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(August 16, 2010)
Before EDMONDSON, MARTIN and HILL, Circuit Judges.
PER CURIAM:
Richard L. Rosenbaum, appointed counsel for Mark Joseph Harvey in this

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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). 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 Harvey’s convictions and
sentences are AFFIRMED.1
Our affirmance of Harvey’s convictions and sentences shall not inhibit the district1
court’s plenary consideration of any Sixth Amendment claims that may be raised by 28 U.S.C.
§ 2255 motion to vacate, based on counsel’s representation in the district court.
2

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