United States v. Jones ( 2011 )

[DO NOT PUBLISH]
IN THE UNITED STATES COURT OF APPEALS
FILED
FOR THE ELEVENTH CIRCUIT COURT OF APPEALS
U.S.
________________________ ELEVENTH CIRCUIT
SEP 16, 2011
No. 10-15108 JOHN LEY
Non-Argument Calendar CLERK
________________________
D.C. Docket No. 1:98-cr-00314-PAS-1
UNITED STATES OF AMERICA,
llllllllllllllllllllllllllllllllllllllll Plaintiff-Appellee,
versus
KEITH JONES,
llllllllllllllllllllllllllllllllllllllll Defendant-Appellant.
________________________
Appeal from the United States District Court
for the Southern District of Florida
________________________
(September 16, 2011)
Before BARKETT, MARTIN and ANDERSON, Circuit Judges.
PER CURIAM:
Jan Smith, appointed counsel for Keith Jones, in this direct criminal appeal,
has moved to withdraw from further representation of the appellant and has 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 issues of arguable merit, counsel’s
motion to withdraw is GRANTED, and Jones’s revised sentence is affirmed.
Nevertheless, we vacate and remand for the limited purpose of allowing the
district court to correct a clerical error by docketing Jones’s notice of appeal,
which designated both the amended criminal judgment in the present case and the
final order in a parallel civil action filed under 28 U.S.C.§ 2241
(Case No. 1:09-cv-20685-PAS), in the aforementioned civil case as well.
AFFIRMED IN PART; VACATED AND REMANDED IN PART.
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