USA v. Devon Thomas, No. 06-11562 (11th Cir. 2007)

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[DO NOT PUBLISH] IN THE UNITED STATES COURT OF APPEALS FILED FOR THE ELEVENTH CIRCUIT U.S. COURT OF APPEALS ________________________ ELEVENTH CIRCUIT No. 06-11562 Non-Argument Calendar ________________________ AUG 8, 2007 THOMAS K. KAHN CLERK D. C. Docket No. 05-60214-CR-JIC UNITED STATES OF AMERICA, Plaintiff-Appellee, versus DEVON THOMAS, Defendant-Appellant. ________________________ Appeal from the United States District Court for the Southern District of Florida _________________________ (August 8, 2007) Before DUBINA, CARNES and HULL, Circuit Judges. PER CURIAM: Mark C. Katzef, appointed counsel for Devon Thomas 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, 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 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 Thomas s convictions and sentences are affirmed. While Thomas s counsel filed an Anders brief, we recognize that Thomas filed pro se another brief attempting to raise six claims of ineffective assistance of counsel. Because claims of ineffective assistance of counsel are best presented in a 28 U.S.C. § 2255 motion rather than on direct appeal, we decline to consider these claims. See Massaro v. United States, 538 U.S. 500, 504-05, 508, 123 S. Ct. 1690, 1693-94, 1696 (2003). AFFIRMED. 2

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