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UNITED STATES of America, Plaintiff-Appellee, v. Curtis Wayne EDWARDS, Defendant-Appellant

United States Court of Appeals for the Eleventh Circuit2012-10-30No. No. 11-16039
493 F. App'x 1001

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Opinion

majority opinion

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 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 GRANTED, and Mr. Edwards’ conviction and sentence are AFFIRMED.