Summary
affirming application of the enhancement where Simmons was found on a public street by officers carrying a firearm and a small plastic bag of marijuana, noting that the arresting officer had testified that sometimes individuals would pull a gun on someone trying to rob them of a small amount of marijuana, and that the marijuana was found in the same pocket as the firearm, which established a link between the two and "which might indicate that the gun was possessed for the purpose of protecting the drugs from theft"
Summary of this case from U.S. v. McKenzieOpinion
No. 07-15433 Non-Argument Calendar.
September 10, 2008.
Linda Julin McNamara, U.S. Attorney's Office, Tampa, FL, for Plaintiff-Appellee.
Carl A. Johnston, Tampa, FL, for Defendant-Appellant.
Appeal from the United States District Court for the Middle District of Florida. D.C. Docket No. 06-00121-CR-FTM-99-DNF.
Before TJOFLAT, BIRCH and BLACK, Circuit Judges.
Carl A. Johnston, appointed counsel for Howard Henry, has filed a motion to with-draw 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 Henry's conviction and sentence are AFFIRMED.