United States v. Decio Viveros Granja

USCA11 Case: 20-11745 Date Filed: 05/20/2021 Page: 1 of 3
[DO NOT PUBLISH]
IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT
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No. 20-11745
Non-Argument Calendar
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D.C. Docket No. 8:19-cr-00316-VMC-CPT-3
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
DECIO VIVEROS GRANJA,
Defendant-Appellant.
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Appeal from the United States District Court
for the Middle District of Florida
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(May 20, 2021)
Before WILSON, MARTIN, and ROSENBAUM, Circuit Judges.
PER CURIAM:
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Decio Viveros Granja appeals from his conviction for conspiracy to
distribute five kilograms or more of cocaine while on board of a vessel subject to
the jurisdiction of the United States, in violation of 46 U.S.C. §§ 70503(a),
70506(a) and (b), and 21 U.S.C. § 960(b)(1)(B)(ii), and sentence of 121 months’
imprisonment.
Granja’s appointed counsel in this direct criminal appeal has moved to
withdraw from further representation of the appellant and filed a brief pursuant to
Anders v. California, 386 U.S. 738, 744, 87 S. Ct. 1396, 1400 (1967) (when
counsel determines that a criminal defendant’s case is “wholly frivolous,” counsel
must “so advise the court and request permission to withdraw”). As required, his
counsel filed a brief setting out any irregularities or other potential errors in
Granja’s plea and sentencing processes that might arguably be meritorious. See
United States v. Blackwell, 767 F.2d 1486, 1487–88 (11th Cir. 1985) (per curiam).
His counsel notes the existence of a valid appeal waiver in the plea agreement and
says the record does not reveal that any exception to that waiver applies. He also
notes that Granja received a below-guidelines sentence. He concludes that he was
unable to find the existence of any meritorious argument on appeal.
Our 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
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motion to withdraw is GRANTED, and Granja’s conviction and sentence are
AFFIRMED.
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