United States v. Michael Bernard Johnson

• Court: Court of Appeals for the Eleventh Circuit
• Decided: October 20, 2017
• Docket: 17-10007
• Status: Unpublished

Opinion

Case: 17-10007 Date Filed: 10/20/2017 Page: 1 of 2

[DO NOT PUBLISH]

IN THE UNITED STATES COURT OF APPEALS

FOR THE ELEVENTH CIRCUIT ________________________

No. 17-10007 Non-Argument Calendar ________________________

D.C. Docket No. 1:16-cr-00028-JRH-BKE-1

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

MICHAEL BERNARD JOHNSON,

Defendant-Appellant.

________________________

Appeal from the United States District Court for the Southern District of Georgia ________________________

(October 20, 2017)

Before MARCUS, JORDAN and JULIE CARNES, Circuit Judges.

PER CURIAM: Case: 17-10007 Date Filed: 10/20/2017 Page: 2 of 2

Brandon N. Fleming, appointed counsel for Michael Bernard Johnson in this

direct criminal appeal, has moved to withdraw from further representation of Mr.

Johnson and filed a brief pursuant to Anders v. California, 386 U.S. 738 (1967).

Although the brief does not satisfy the requirements of an Anders brief, see,

e.g., United States v. Edwards, 822 F.2d 1012, 1013 (11th Cir. 1987), our

independent and plenary review of the entire record reveals that Mr. Fleming’s

assessment of the relative merit of the appeal is correct. Because independent

examination of the entire record reveals no arguable issues of merit, Mr. Fleming’s

motion to withdraw is GRANTED, and Mr. Johnson’s conviction and sentence are

AFFIRMED.