Testo completo
FILED
U.S. COURT OF APPEALS
ELEVENTH CIRCUIT
AUGUST 17, 2010
JOHN LEY
CLERK
[DO NOT PUBLISH]
IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT
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No. 10-10502
Non-Argument Calendar
________________________
D.C. Docket No. 1:08-cr-21097-JAL-4
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
REGINALD HOLSEY,
a.k.a. Cornbread,
a.k.a. CB,
Defendant-Appellant,
________________________
Appeal from the United States District Court
for the Southern District of Florida
________________________
(August 17, 2010)
Before TJOFLAT, BLACK and WILSON, Circuit Judges.
PER CURIAM:
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Phillip Horowitz, appointed counsel for Reginald Holsey 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 (1967). Our independent review of the entire record reveals that
counsel’s assessment of the relative merit of the appeal is correct. The final
judgment, however, contains a clerical error, in that it specifies that Holsey’s
conviction on Count Eleven is for conspiracy to possess with intent to distribute
cocaine, instead of cocaine base. Therefore, we REMAND IN PART WITH
INSTRUCTIONS to correct the clerical error on the final judgment. In all other
respects, however, independent examination of the entire record reveals no
arguable issues of merit. Counsel’s motion to withdraw is therefore GRANTED,
and Holsey’s convictions and sentences are AFFIRMED.
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