USA v. Jose Fabio Pineda

FILED
U.S. COURT OF APPEALS
ELEVENTH CIRCUIT
MAY 28, 2010
JOHN LEY
CLERK
[DO NOT PUBLISH]
IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT
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No. 09-16427
Non-Argument Calendar
________________________
D. C. Docket No. 95-00852-CR-UU
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
JOSE FABIO PINEDA,
a.k.a. Fabio Pineda,
a.k.a. Don Fabio,
Defendant-Appellant.
________________________
Appeal from the United States District Court
for the Southern District of Florida
_________________________
(May 28, 2010)
Before TJOFLAT, MARCUS and ANDERSON, Circuit Judges.
PER CURIAM:

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Ayana N. Harris, appointed counsel for Jose Fabio Pineda in his appeal from
the district court’s denial of his motion to reduce sentence, pursuant to 18 U.S.C.
§ 3582(c)(2), has filed a motion to withdraw from further representation of the
appellant, supported by a brief prepared 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 Pineda’s § 3582(c)(2) motion is AFFIRMED.
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