USA v. Jean Eloi

Filing

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 http://www.ca11.uscourts.gov/opinions.

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[DO NOT PUBLISH]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