USCA11 Case: 20-13758 Date Filed: 02/04/2022 Page: 1 of 2
[DO NOT PUBLISH]
In the
United States Court of Appeals
For the Eleventh Circuit
____________________
No. 20-13758
Non-Argument Calendar
____________________
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
TONY JEROME HENRY,
Defendant-Appellant.
____________________
Appeal from the United States District Court
for the Middle District of Florida
D.C. Docket No. 8:06-cr-00314-JSM-JSS-1
____________________
USCA11 Case: 20-13758 Date Filed: 02/04/2022 Page: 2 of 2
2 Opinion of the Court 20-13758
Before WILLIAM PRYOR, Chief Judge, JORDAN and NEWSOM,
Circuit Judges.
PER CURIAM:
Adam Labonte, appointed counsel for Tony Henry in this
appeal from the partial denial of his motion for a reduced sentence
under the First Step Act, 1 has moved to withdraw from further rep-
resentation of the appellant and filed a brief pursuant to Anders v.
California,
386 U.S. 738 (1967). Our independent review of the en-
tire record reveals that counsel’s assessment of the relative merit of
the appeal is correct. 2 Because independent examination of the en-
tire record reveals no arguable issues of merit, counsel’s motion to
withdraw is GRANTED, and the partial denial of Henry’s motion
is AFFIRMED.
1 Pub. L. No. 115-391, § 404,
132 Stat. 5194, 5222.
2 We decline counsel’s invitation to adopt the position of other Circuit Courts
of Appeals regarding the applicability of Anders to the denial of motions under
the First Step Act.
