USA v. Jose Medina-Valencia, No. 10-15752 (11th Cir. 2011)

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[DO NOT PUBLISH] IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT ________________________ FILED U.S. COURT OF APPEALS ELEVENTH CIRCUIT No. 10-15752 OCTOBER 26, 2011 Non-Argument Calendar JOHN LEY ________________________ CLERK D.C. Docket No. 8:07-cr-00439-JSM-MAP-3 UNITED STATES OF AMERICA, llllllllllllllllllll l Plaintiff-Appellee, versus JOSE FREDDY MEDINA-VALENCIA, a.k.a. El Indio, lllllllllllllllllllll Defendant-Appellant. ________________________ Appeal from the United States District Court for the Middle District of Florida ________________________ (October 26, 2011) Before EDMONDSON, CARNES and KRAVITCH, Circuit Judges. PER CURIAM: Cynthia Hernandez, appointed counsel for Jose Medina-Valencia, has filed a 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). Medina-Valencia, in response, has filed a motion seeking permission to proceed in forma pauperis, and to file a pro se brief. 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 arguable issues of merit, counsel s motion to withdraw is GRANTED, and Medina-Valencia s conviction and sentence is AFFIRMED. Medina-Valencia s motion seeking permission to proceed in forma pauperis, and to file a pro se brief, is DENIED as moot. 2

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