USA v. Jean Eloi


Opinion issued by court as to Appellant Jean Roussel Eloi. Decision: Affirmed. Opinion type: Non-Published. Opinion method: Per Curiam. Motion to withdraw as counsel filed by Robert Godfrey is GRANTED. [7633898-2]. (See 10/13/2016 opinion)(GBT/WHP/JP) The opinion is also available through the Court's Opinions page at this link

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Case: 15-13868 Date Filed: 10/13/2016 Page: 1 of 2 [DO NOT PUBLISH] IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT _________________ No. 15-13868 Non-Argument Calendar _________________ D.C. Docket No. 6:14-cr-00248-JA-GJK-l UNITED STATES OF AMERICA, Plaintiff-Appellee, versus JEAN ROUSSEL ELOI, Defendant-Appellant. _________________ Appeal from the United States District Court for the Middle District of Florida _________________ (October 13, 2016) Before TJOFLAT, WILLIAM PRYOR and JILL PRYOR, Circuit Judges. PER CURIAM: Robert Godfrey, appointed appellate counsel for Jean Eloi, has filed a motion to withdraw on appeal, supported by a brief prepared pursuant to Anders v. California, 386 U.S. 738, 87 S. Ct. 1396, 18 L. Ed. 2d 493 (1967). Our Case: 15-13868 Date Filed: 10/13/2016 Page: 2 of 2 independent review of the entire record reveals that counsel's assessment of the relative merit of the appeal is correct. Because independent examination of the entire record reveals no arguable issues of merit, counsel's motion to withdraw is GRANTED, and Eloi's convictions and sentences are AFFIRMED. All pending motions are DENIED as moot.1 1 We acknowledge that Eloi expressed dissatisfaction with trial counsel’s performance and that he might wish to argue that his counsel was ineffective. Such claims, however, generally “are not considered for the first time on direct appeal,” but rather are best reserved for postconviction proceedings. United States v. Tyndale, 209 F. 3d 1292, 1294 (11th Cir. 2000); see Massaro v. United States, 538 U.S. 500, 504-05 (2003). 2

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