United States v. Gregory Thomas Apicella

USCA11 Case: 19-13505 Document: 98-1 Date Filed: 01/03/2023 Page: 1 of 2
[DO NOT PUBLISH]
In the
United States Court of Appeals
For the Eleventh Circuit
____________________
No. 19-13505
Non-Argument Calendar
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UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
GREGORY THOMAS APICELLA,
Defendant-Appellant.
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Appeal from the United States District Court
for the Middle District of Florida
D.C. Docket No. 2:18-cr-00049-SPC-NPM-1
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USCA11 Case: 19-13505 Document: 98-1 Date Filed: 01/03/2023 Page: 2 of 2
2 Opinion of the Court 19-13505
Before WILSON, BRANCH, and LUCK, Circuit Judges.
PER CURIAM:
David Mengers, appointed counsel for Gregory Apicella 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 (1967). Our independent review of the
record reveals that counsel’s assessment of the relative merit of the
appeal is correct. Because independent examination of the record
reveals no arguable issues of merit, counsel’s motion to withdraw
is GRANTED, and Apicella’s convictions and sentences are
AFFIRMED. Apicella’s motion for new counsel and motion for re-
consideration of the prior order denying his motion to discharge
counsel are DENIED AS MOOT.