United States of America, Plaintiff-appellee, v. John Fitzgerald Moore, Defendant-appellant, 108 F.3d 340 (9th Cir. 1997)Annotate this Case
Before: ALARCN, CANBY, and TASHIMA, Circuit Judges.
John Fitzgerald Moore appeals his conviction by guilty plea and sentence for one count of bank robbery, in violation of 18 U.S.C. § 2113(a). Moore's attorney has submitted a brief pursuant to Anders v. California, 386 U.S. 738 (1967), and a motion to withdraw as counsel of record.
In his pro se supplemental briefs, Moore contends that his counsel was ineffective in advising him to plead guilty rather than proceed to trial and raise an insanity defense. Moore also contends that the district court erred in accepting his guilty plea given information the district court had regarding Moore's psychiatric condition.
Based on our independent review of the record, we conclude that there are no arguable issues for review on direct appeal. Because of the limitations of the record on direct appeal, Moore's claim of ineffective assistance of counsel is more appropriately raised in a motion pursuant to 28 U.S.C. § 2255. See United States v. Pope, 841 F.2d 954, 958 (9th Cir. 1988). Accordingly, Moore's attorney's motion to withdraw is GRANTED and the judgment is