USA v. Lydia I. Cladek, No. 13-13728 (11th Cir. 2014)

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Case: 13-13728 Date Filed: 03/31/2014 Page: 1 of 2 [DO NOT PUBLISH] IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT ________________________ No. 13-13728 Non-Argument Calendar ________________________ D.C. Docket No. 3:10-cr-00277-TJC-TEM-1 UNITED STATES OF AMERICA, Plaintiff-Appellee, versus LYDIA I. CLADEK, Defendant-Appellant. ________________________ Appeal from the United States District Court for the Middle District of Florida ________________________ (March 31, 2014) Before PRYOR, MARTIN, and FAY, Circuit Judges. PER CURIAM: Case: 13-13728 Date Filed: 03/31/2014 Page: 2 of 2 Lydia Cladek appeals the district court s denial of her pro se Federal Rule of Criminal Procedure Rule 33 motion for a new trial. Maurice Grant, II, appointed counsel for Cladek, has moved to withdraw from further representation of the appellant in this appeal and filed a brief pursuant to Anders v. California, 386 U.S. 738, 87 S. Ct. 1396 (1967). Although Cladek argued in her Rule 33 motion and in response to Grant s Anders motion that counsel was ineffective, the record in this case is insufficient to review counsel s effectiveness. See United States v. Franklin, 694 F.3d 1, 8 9 (11th Cir. 2012). Claims of ineffective assistance of counsel should usually be raised in a 28 U.S.C. § 2255 motion. United States v. Curbelo, 726 F.3d 1260, 1267 (11th Cir. 2013). Because our independent examination of the record reveals no arguable issues of merit, counsel s motion to withdraw is GRANTED, and the denial of Cladek s Rule 33 motion for a new trial is AFFIRMED. In addition, Cladek s pro se request for new counsel in this appeal is DENIED as moot, and Cladek s various other requests in this appeal for relief, also filed pro se, are DENIED. 2

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