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United States Court of Appeals, Eleventh Circuit.

UNITED STATES of America, Plaintiff-Appellee, v. Ralph Georg Toni MARTIN, a.k.a. Mirko Doninic Martin, a.k.a. Mirko Dominik Martin, a.k.a. Dominik Martin, Defendant-Appellant.

No. 16-14850

Decided: September 27, 2018

Before WILLIAM PRYOR, MARTIN, and BRANCH, Circuit Judges. Yvette Rhodes, U.S. Attorney's Office, Tampa, FL, Arthur Lee Bentley, III, Bradley Arant Boult Cummings, LLP, Tampa, FL, Andrew C. Searle, A. Brian Phillips, PA, Orlando, FL, Sean Phillip Shecter, U.S. Attorney's Office, Orlando, FL, for Plaintiff-Appellee Ralph Georg Toni Martin, Pro Se

Ralph Martin appeals his conviction for failure to appear at a sentencing hearing, in violation of 18 U.S.C. § 3146(a)(1), and sentence of 6-months imprisonment to be followed by a 3-year term of supervised release. Martin’s appointed counsel says that Martin has no meritorious issues to bring to our attention on appeal. See Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967). To that end, counsel has filed a brief “pointing the court to any argument which may arguably support an appeal.” United States v. Edwards, 822 F.2d 1012, 1013 (11th Cir. 1987) (per curiam). On March 19, 2018, counsel certified that he sent a copy of the brief and his motion to withdraw as counsel to Martin. This Court sent Martin a letter in March of 2018 advising him of his right to respond to counsel’s motion within 30 days. As of August 24, 2018, we received no response from Martin.

As Anders requires, we have carefully reviewed counsel’s brief and the record, and we have independently determined that there are no issues of arguable merit for our review. See Anders, 386 U.S. at 744, 87 S.Ct. at 1400. Therefore, we AFFIRM Martin’s conviction and sentence, and we GRANT counsel’s motion to withdraw.


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