USA v. Jose Eusebio Valencia-Aguirre, No. 06-10613 (11th Cir. 2006)

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[DO NOT PUBLISH] IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT ________________________ No. 06-10613 Non-Argument Calendar ________________________ FILED U.S. COURT OF APPEALS ELEVENTH CIRCUIT July 24, 2006 THOMAS K. KAHN CLERK D. C. Docket No. 03-00445-CR-T-23-EAJ UNITED STATES OF AMERICA, Plaintiff-Appellee, versus JOSE EUSEBIO VALENCIA-AGUIRRE, Defendant-Appellant. ________________________ Appeal from the United States District Court for the Middle District of Florida _________________________ (July 24, 2006) Before EDMONDSON, Chief Judge, TJOFLAT and MARCUS, Circuit Judges. PER CURIAM: In this appeal following a remand to correct an error under United States v. Booker, 543 U.S. 220, 125 S.Ct. 738, 160 L.Ed.2d 621 (2005), Terry Clifton Christian, appointed counsel for Jose Eusebio Valencia-Aguirre, 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). Our independent review of the 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 Valencia-Aguirre s sentences are AFFIRMED. 2

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