United States v. Jose Ricardo Valdez

USCA11 Case: 22-10541 Date Filed: 11/08/2022 Page: 1 of 2

[DO NOT PUBLISH]

In the

United States Court of Appeals

For the Eleventh Circuit ____________________

No. 22-10541

Non-Argument Calendar ____________________

UNITED STATES OF AMERICA,

Plaintiff-Appellee, versus JOSE RICARDO VALDEZ,

Defendant-Appellant. ____________________

Appeal from the United States District Court for the Middle District of Florida D.C. Docket No. 8:21-cr-00031-SCB-CPT-1

____________________

USCA11 Case: 22-10541 Date Filed: 11/08/2022 Page: 2 of 2 2 Opinion of the Court 22-10541 Before ROSENBAUM, LUCK, and LAGOA, Circuit Judges.

PER CURIAM:

Victor Martinez, appointed counsel for Jose Valdez in this direct criminal appeal, has moved to withdraw from further repre- sentation of the appellant and filed a brief pursuant to Anders v. California, 386 U.S. 738 (1967). Our independent review of the en- tire record reveals that counsel’s assessment of the relative merit of the appeal is correct. Because independent examination of the en- tire record reveals no arguable issues of merit, counsel’s motion to withdraw is GRANTED, and Valdez’s conviction and sentence are AFFIRMED. Valdez’s request for new counsel is DENIED AS MOOT.

We note that Valdez’s response to counsel’s motion to with- draw contains allegations that counsel provided ineffective assis- tance. Because claims of ineffective assistance of counsel are best presented in a 28 U.S.C. § 2255 motion rather than on direct appeal, we decline to consider these claims at this time, see Massaro v. United States, 538 U.S. 500, 504–05, 508 (2003), though Valdez may raise these allegations on collateral review in a motion under 28 U.S.C. § 2255.