United States of America v. Domingo Valentin

* Honorable Thomas N. O’Neill, Jr., Senior District Judge for the United States
District Court for the Eastern District of Pennsylvania, sitting by designation.
NOT PRECEDENTIAL
THE UNITED STATES COURT OF APPEALS
FOR THE THIRD CIRCUIT
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No. 03-1094
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UNITED STATES OF AMERICA
v.
DOMINGO VALENTIN,
Appellant.
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ON APPEAL FROM THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW JERSEY
District Judge: The Honorable Stephen M. Orlofsky
(D.C. Criminal No. 01-cr-00106-2)
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Submitted Under Third Circuit LAR 34.1(a)
January 29, 2004
BEFORE: NYGAARD and FUENTES, Circuit Judges,
and O’NEILL,* District Judge.
(Opinion Filed: February 19, 2004)
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OPINION OF THE COURT
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FUENTES, Circuit Judge.
Appellant Domingo Valentin pled guilty to conspiracy to distribute and possess
with intent to distribute at least five kilograms of cocaine, in violation of 21 U.S.C. § 841,
846. The District Court sentenced Valentin to 120 months imprisonment, which was the
statutory minimum for his offense. Valentin filed a notice of appeal, pro se, and we
appointed M ichael E. Riley, Esq., to assist with the appeal. Attorney Riley filed a brief in
accordance with Anders v. California, 386 U.S. 738, 744 (1967). Counsel indicated that
there are no non-frivolous issues for appeal.
We have carefully reviewed the Appellant’s brief, along with the responsive brief
of the United States and other matters of record. Valentin did not file a pro se responsive
brief. We conclude, after our own review of the entire record, that the District Court did
not err. Accordingly, the judgment of the District Court will be affirmed, and the motion
of defense counsel to withdraw will be granted.
TO THE CLERK:
Please file the foregoing opinion.
/s/ Julio M. Fuentes, Circuit Judge

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