Testo completo
FILED
U.S. COURT OF APPEALS
ELEVENTH CIRCUIT
APR 6, 2010
JOHN LEY
CLERK
[DO NOT PUBLISH]
IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT
________________________
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
-- 1 of 2 --
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
-- 2 of 2 --
