United States v. Ervin Bernard Earl

Opinion

[DO NOT PUBLISH]

IN THE UNITED STATES COURT OF APPEALS FILED FOR THE ELEVENTH CIRCUIT U.S. COURT OF APPEALS ________________________ ELEVENTH CIRCUIT JAN 15, 2009 No. 07-10080 THOMAS K. KAHN Non-Argument Calendar CLERK ________________________

D. C. Docket No. 06-00136-CR-WS

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

ERVIN BERNARD EARL,

Defendant-Appellant.

________________________

Appeal from the United States District Court for the Southern District of Alabama _________________________

(January 15, 2009)

Before BLACK, BARKETT and MARCUS, Circuit Judges.

PER CURIAM:

Barre C. Dumas, appointed counsel for Ervin Bernard Earl, has filed a motion to withdraw on appeal 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 issues of arguable merit, counsel’s motion to withdraw is GRANTED and

Earl’s convictions are AFFIRMED. We note, however, that the judgment and the

order memorializing the jury’s verdict incorrectly substitute 18 U.S.C. § 1853 for

18 U.S.C. § 1513. Therefore, we VACATE and REMAND with instructions that

the district court correct the judgment and the order memorializing the jury’s

verdict by replacing 18 U.S.C. § 1853 with 18 U.S.C. § 1513.