USA v. Gilberto Sierra-Borbolla, No. 12-10415 (11th Cir. 2012)
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Case: 12-10415 Date Filed: 10/03/2012 Page: 1 of 2 [DO NOT PUBLISH] IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT ________________________ No. 12-10415 Non-Argument Calendar ________________________ D.C. Docket No. 8:11-cr-00449-RAL-TBM-1 UNITED STATES OF AMERICA, Plaintiff-Appellee, versus GILBERTO SIERRA-BORBOLLA, a.k.a. Humberto Reyes-Olvera, Defendant-Appellant. ________________________ Appeal from the United States District Court for the Middle District of Florida ________________________ (October 3, 2012) Before WILSON, JORDAN and KRAVITCH, Circuit Judges. PER CURIAM: Stephen U. Baer, counsel for Gilberto Sierra-Borbolla in this direct criminal appeal, has moved to withdraw from further representation of the appellant and filed Case: 12-10415 Date Filed: 10/03/2012 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 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 Sierra-Borbolla s convictions and sentences are AFFIRMED. Sierra-Borbolla s motion for court appointed counsel is DENIED as moot. Further, his motion to appeal his sentence based upon alleged ineffective assistance of counsel is DENIED. Such a claim, if available, should be brought in a motion pursuant to 28 U.S.C. § 2255, rather than on direct appeal. We express no view on what effect, if any, the plea agreement s collateral attack waiver will have in a future § 2255 proceeding. See Williams v. United States, 396 F.3d 1340, 1342 n.2 (11th Cir. 2005) (declining to address whether collateral attack waiver would extend to a claim of ineffective assistance of counsel in entering or negotiating the plea ); Patel v. United States, 252 Fed. Appx. 970, 975 (11th Cir. 2007) (unpublished) (collateral attack waiver did not bar § 2255 challenge to validity of . . . guilty plea ). 2
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