United States v. Gregorio Delgado-Benitez

[DO NOT PUBLISH] IN THE UNITED STATES COURT OF APPEALS FILED FOR THE ELEVENTH CIRCUIT U.S. COURT OF APPEALS ________________________ ELEVENTH CIRCUIT AUGUST 25, 2009 No. 08-16412 THOMAS K. KAHN Non-Argument Calendar CLERK ________________________ D. C. Docket No. 08-00230-CR-J-20-JRK UNITED STATES OF AMERICA, Plaintiff-Appellee, versus GREGORIO DELGADO-BENITEZ, Defendant-Appellant. ________________________ Appeal from the United States District Court for the Middle District of Florida _________________________ (August 25, 2009) Before BLACK, BARKETT and KRAVITCH, Circuit Judges PER CURIAM: James A. Hernandez, appointed counsel for Gregorio Delgado-Benitez in this 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). Because independent examination of the entire record reveals no arguable issues of merit, counsel’s motion to withdraw is GRANTED, and Delgado-Benitez’s conviction and sentence are AFFIRMED. 2