USA v. Curtis Wayne Edwards, No. 11-16039 (11th Cir. 2012)

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Case: 11-16039 Date Filed: 10/30/2012 Page: 1 of 2 [DO NOT PUBLISH] IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT ________________________ No. 11-16039 Non-Argument Calendar ________________________ D.C.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: 2 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 Edwards conviction and sentence are AFFIRMED. 2 GRANTED, and Mr.

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