USA v. Jose Ricardo Valdez, No. 22-10541 (11th Cir. 2022)
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USCA11 Case: 22-10541 Date Filed: 11/08/2022 Page: 1 of 2 [DO NOT PUBLISH] In the United States Court of Appeals For the Eleventh Circuit ____________________ No. 22-10541 Non-Argument Calendar ____________________ UNITED STATES OF AMERICA, Plaintiff-Appellee, versus JOSE RICARDO VALDEZ, Defendant-Appellant. ____________________ Appeal from the United States District Court for the Middle District of Florida D.C. Docket No. 8:21-cr-00031-SCB-CPT-1 ____________________ USCA11 Case: 22-10541 2 Date Filed: 11/08/2022 Opinion of the Court Page: 2 of 2 22-10541 Before ROSENBAUM, LUCK, and LAGOA, Circuit Judges. PER CURIAM: Victor Martinez, appointed counsel for Jose Valdez in this direct criminal appeal, has moved to withdraw from further representation of the appellant and filed a brief pursuant to Anders v. California, 386 U.S. 738 (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 arguable issues of merit, counsel’s motion to withdraw is GRANTED, and Valdez’s conviction and sentence are AFFIRMED. Valdez’s request for new counsel is DENIED AS MOOT. We note that Valdez’s response to counsel’s motion to withdraw contains allegations that counsel provided ineffective assistance. Because claims of ineffective assistance of counsel are best presented in a 28 U.S.C. § 2255 motion rather than on direct appeal, we decline to consider these claims at this time, see Massaro v. United States, 538 U.S. 500, 504–05, 508 (2003), though Valdez may raise these allegations on collateral review in a motion under 28 U.S.C. § 2255.
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