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88 F. App'x 526

United States v. Valentin

U.S. Courts of Appeals

Decided February 19, 2004

U.S. Courts of Appeals · decided 2004-02-19

Applies 21 U.S.C. § 841 (§ 401 of the Controlled Substances Act)

Relies on Anders v. California

Decided 2004-02-19

¶1OPINION OF THE COURT

FUENTES, Circuit Judge.

¶2Appellant 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 *527offense. Valentin filed a notice of appeal, pro se, and we appointed Michael E. Riley, Esq., to assist with the appeal. Attorney Riley filed a brief in accordance with Anders v. California, 386 U.S. 738, 744, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967). Counsel indicated that there are no non-frivolous issues for appeal.

¶3We 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.

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