USA v. Jorge Contino Valhuerdis, No. 19-14829 (11th Cir. 2021)
Annotate this CaseThis opinion or order relates to an opinion or order originally issued on June 10, 2020.
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USCA11 Case: 20-14271 Date Filed: 05/06/2021 Page: 1 of 2 [DO NOT PUBLISH] IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT ________________________ No. 20-14271 Non-Argument Calendar ________________________ D.C. Docket No. 1:17-cr-20701-MGC-4 UNITED STATES OF AMERICA, Plaintiff-Appellee, versus JORGE CONTINO VALHUERDIS, ________________________ Defendant-Appellant. Appeal from the United States District Court for the Southern District of Florida ________________________ (May 6, 2021) Before WILLIAM PRYOR, Chief Judge, WILSON and LAGOA, Circuit Judges. PER CURIAM: Jorge Valhuerdis, a federal prisoner, appeals pro se the denial of his motion to compel trial counsel to supply a copy of the criminal case record. The government USCA11 Case: 20-14271 Date Filed: 05/06/2021 Page: 2 of 2 moves for a summary affirmance and to stay the briefing schedule. The government argues that Valhuerdis has abandoned any argument that he could have made challenging the denial of his motion. “[W]e read briefs filed by pro se litigants liberally,” but Valhuerdis fails to mention, let alone contest the denial of, his motion to compel in his brief on appeal, so we deem that issue abandoned. See Timson v. Sampson, 518 F.3d 870, 874 (11th Cir. 2008). Because the “position [of the United States] . . . is clearly right as a matter of law so that there [is] no substantial question as to the outcome of the case,” Groendyke Transp., Inc. v. Davis, 406 F.2d 1158, 1162 (5th Cir. 1969), we grant the motion for summary affirmance and dismiss as moot the motion to stay the briefing schedule. We AFFIRM the denial of Valheurdis’s motion to compel, and we DISMISS as moot the motion to stay the briefing schedule. 2
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