Opinion
No. 05-12863, Non-Argument Calendar.
February 13, 2007.
Yvette Rhodes, Tampa, FL, for United States of America.
Scott Kalisch, Miami, FL, for Viarquez Borden.
Appeal from the United States District Court for the Middle District of Florida. D.C. Docket No. 04-00563-CR-T-23MAP.
Before BIRCH, BARKETT and WILSON, Circuit Judges.
Scott Kalisch, retained appellate counsel for Viarquez Borden, has filed a renewed 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 now complete 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 Borden's conviction and sentence are AFFIRMED.
Kalisch previously filed a motion to withdraw; pursuant to Anders, which we denied without prejudice, but with leave to refile after he obtained the necessary transcripts to complete the record.