[DO NOT PUBLISH]
IN THE UNITED STATES COURT OF APPEALS
FILED
FOR THE ELEVENTH CIRCUIT U.S. COURT OF APPEALS
________________________ ELEVENTH CIRCUIT
Dec. 09, 2009
No. 08-16207 THOMAS K. KAHN
Non-Argument Calendar CLERK
________________________
D. C. Docket No. 92-00104-CR-ORL-19KRS
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
KIRK WHITTAKER,
Defendant-Appellant.
________________________
Appeal from the United States District Court
for the Middle District of Florida
_________________________
(December 9, 2009)
Before DUBINA, Chief Judge, PRYOR and FAY, Circuit Judges.
PER CURIAM:
Thomas H. Dale, appointed counsel for Kirk Whittaker in this appeal from
the district court’s denial of Whittaker’s motion to vacate his sentence for lack of
jurisdiction, 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 the district court’s denial of
Whittaker’s motion is AFFIRMED.
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