United States v. Alphonse Gainer ( 2021 )


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  •           USCA11 Case: 20-13642     Date Filed: 04/27/2021   Page: 1 of 2
    [DO NOT PUBLISH]
    IN THE UNITED STATES COURT OF APPEALS
    FOR THE ELEVENTH CIRCUIT
    ________________________
    No. 20-13642
    Non-Argument Calendar
    ________________________
    D.C. Docket No. 5:94-cr-05004-LC-MD-1
    UNITED STATES OF AMERICA,
    Plaintiff-Appellee,
    versus
    ALPHONSE GAINER,
    a.k.a. Daddy Black,
    a.k.a. Phillip L. Black,
    Defendant-Appellant.
    ________________________
    Appeal from the United States District Court
    for the Northern District of Florida
    ________________________
    (April 27, 2021)
    Before JORDAN, GRANT and LUCK, Circuit Judges.
    PER CURIAM:
    USCA11 Case: 20-13642       Date Filed: 04/27/2021   Page: 2 of 2
    Michael Ufferman, appointed counsel for Alphonse Gainer in this appeal of
    the denial of a federal prisoner’s motion for sentence reduction under the First Step
    Act of 2018, Pub. L. No. 115-391, § 404, 
    132 Stat. 5194
    , 522 (“First Step Act”),
    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 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 the
    district court’s denial of Gainer’s motion for a sentence reduction pursuant to the
    First Step Act is AFFIRMED.
    2
    

Document Info

Docket Number: 20-13642

Filed Date: 4/27/2021

Precedential Status: Non-Precedential

Modified Date: 4/27/2021