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United States v. Allen

Citation: 472 F. App'x 903Docket: No. 12-10717

Court: Court of Appeals for the Eleventh Circuit; July 17, 2012; Federal Appellate Court

Narrative Opinion Summary

Rosemary Cakmis, appointed counsel for Jasmine Allen, has filed a motion to withdraw from representing Allen in her appeal regarding the denial of a sentence reduction under 18 U.S.C. § 3582(e)(2). Cakmis submitted a brief in accordance with Anders v. California, indicating that there are no meritorious issues for appeal. An independent review of the record confirms that there are no arguable issues of merit. Consequently, the court grants counsel's motion to withdraw and affirms the denial of Allen's motion for sentence reduction.

Legal Issues Addressed

Anders Brief Submission

Application: The counsel submitted an Anders brief, indicating that after a thorough investigation, no meritorious issues for appeal were found.

Reasoning: Cakmis submitted a brief in accordance with Anders v. California, indicating that there are no meritorious issues for appeal.

Counsel's Motion to Withdraw

Application: The motion to withdraw from representation was granted after confirming the absence of arguable issues, aligning with the procedure under an Anders brief.

Reasoning: Consequently, the court grants counsel's motion to withdraw and affirms the denial of Allen's motion for sentence reduction.

Denial of Sentence Reduction under 18 U.S.C. § 3582(e)(2)

Application: The court affirmed the denial of a sentence reduction, finding no arguable issues of merit upon independent review.

Reasoning: An independent review of the record confirms that there are no arguable issues of merit. Consequently, the court grants counsel's motion to withdraw and affirms the denial of Allen's motion for sentence reduction.