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[DO NOT PUBLISH]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