USA v. Alirio Rene Silva-Montoya

FILED
U.S. COURT OF APPEALS
ELEVENTH CIRCUIT
MARCH 10, 2011
JOHN LEY
CLERK
[DO NOT PUBLISH]
IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT
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No. 10-11682
Non-Argument Calendar
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D. C. Docket No. 3:09-cr-00111-RV-1
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
ALIRIO SILVA-MONTOYA,
Defendant-Appellant.
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Appeal from the United States District Court
for the Northern District of Florida
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(March 10, 2011)
Before TJOFLAT, CARNES and BARKETT, Circuit Judges.
PER CURIAM:
Gwendolyn Spivey, appointed counsel for Alirio Silva-Montoya in this
direct criminal appeal, has filed a motion to withdraw from further representation

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of the appellant, because counsel believes that 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 record reveals that counsel’s assessment of
the relative merit of the appeal is correct. Because independent examination of the
entire record reveals no arguably meritorious issues of merit, counsel’s motion to
withdraw is GRANTED, and Silva-Montoya’s conviction and sentence are
AFFIRMED.
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