USA v. Curtis Wayne Edwards

[DO NOT PUBLISH]
IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT
________________________
No. 11-16039
Non-Argument Calendar
________________________
D.C. Docket No. 2:09-cr-00465-CLS-HGD-1
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
CURTIS WAYNE EDWARDS,
Defendant-Appellant.
_______________________
Appeal from the United States District Court
for the Northern District of Alabama
_______________________
(October 30, 2012)
Before TJOFLAT, JORDAN and KRAVITCH, Circuit Judges.
PER CURIAM:
James O’Kelley, appointed counsel for Curtis Edward in this direct criminal
appeal, has moved to withdraw from further representation of the appellant and filed
Case: 11-16039 Date Filed: 10/30/2012 Page: 1 of 2

-- 1 of 2 --

a brief pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493
(1967). Our independent review of the entire record reveals that counsel’s
assessment of the relative merit of appeal is correct. We have also reviewed Mr.
Edwards’ objection and supplemental objection to the Anders brief filed by Mr.
O’Kelley, and conclude that (1) the argument concerning acceptance of responsibility
is barred by the appeal waiver, and (2) any claims of ineffective assistance of counsel
must be left to a proceeding pursuant to 28 U.S.C. § 2255 because of the undeveloped
nature of the record. Because independent examination of the entire record reveals
no arguable issues of merit, counsel’s motion to withdraw is GRANTED, and Mr.
Edwards’ conviction and sentence are AFFIRMED.
2
Case: 11-16039 Date Filed: 10/30/2012 Page: 2 of 2

-- 2 of 2 --