USA v. Robert Trevino, No. 11-15658 (11th Cir. 2012)

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Case: 11-15658 Date Filed: 12/07/2012 Page: 1 of 2 [DO NOT PUBLISH] IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT ________________________ No. 11-15658 Non-Argument Calendar ________________________ D.C. Docket No. 2:11-cr-00052-CEH-DNF-1 UNITED STATES OF AMERICA, Plaintiff-Appellee, versus ROBERTO TREVINO, Defendant-Appellant. ___________________________ Appeal from the United States District Court for the Middle District of Florida ____________________________ (December 7, 2012) Before MARCUS, JORDAN and KRAVITCH, Circuit Judges. PER CURIAM: Thomas H. Ostrander, appointed counsel for Roberto Trevino in this direct Case: 11-15658 Date Filed: 12/07/2012 Page: 2 of 2 criminal appeal, has filed both a motion to withdraw from further representation of Mr. Trevino and a brief pursuant to Anders v. California, 386 U.S. 738 (1967). Our independent review of the entire record reveals that Mr. Ostrander s assessment of the relative merit of Mr. Trevino s appeal is correct. Having also reviewed Mr. Trevino s response to the Anders brief filed by Mr. Ostrander, we conclude that (1) the appeal waiver bars Mr. Trevino s argument concerning the district court s leadership-role sentence enhancement 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, Mr. Ostrander s motion to withdraw is GRANTED, and Mr. Trevino s conviction and sentence are AFFIRMED. 2

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