USA v. Jose Aersio Alvarez, No. 09-12008 (11th Cir. 2010)

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[DO NOT PUBLISH] IN THE UNITED STATES COURT OF APPEALS FILED FOR THE ELEVENTH CIRCUIT U.S. COURT OF APPEALS ________________________ ELEVENTH CIRCUIT APR 6, 2010 JOHN LEY CLERK No. 09-12008 Non-Argument Calendar ________________________ D. C. Docket No. 04-00238-CR-T-17-TBM UNITED STATES OF AMERICA, Plaintiff-Appellee, versus JOSE AERSIO ALVAREZ, Defendant-Appellant. ________________________ Appeal from the United States District Court for the Middle District of Florida _________________________ (April 6, 2010) Before CARNES, BARKETT and ANDERSON, Circuit Judges. PER CURIAM: Ellis Rexwood Curry IV, appointed counsel for Jose Aersio Alvarez, in this direct criminal appeal, has moved to withdraw from further representation of the appellant because, in his opinion, the appeal is without merit. Counsel has filed a brief 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 because we already have upheld Alvarez s conviction and sentence, the law of the case doctrine applies to preclude the existence of any issues of arguable merit on appeal. Accordingly, counsel s motion to withdraw is GRANTED, and Alvarez s appeal is DISMISSED. 2

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