United States v. Susan Anderson

U.S. Court of Appeals for the Eleventh Circuit

United States v. Susan Anderson

Opinion

Case: 18-14619 Date Filed: 10/17/2019 Page: 1 of 2

[DO NOT PUBLISH]

IN THE UNITED STATES COURT OF APPEALS

FOR THE ELEVENTH CIRCUIT

________________________

Nos. 18-14619; 18-14620

Non-Argument Calendar

________________________

D.C. Docket Nos. 2:17-cr-00020-LGW-BWC-1,

2:18-cr-00030-LGW-BWC-1 UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus SUSAN ANDERSON,

Defendant-Appellant.

________________________

Appeals from the United States District Court

for the Southern District of Georgia

________________________

(October 17, 2019) Before WILLIAM PRYOR, ROSENBAUM, and FAY, Circuit Judges. PER CURIAM:

Case: 18-14619 Date Filed: 10/17/2019 Page: 2 of 2

B. Reid Zeh III, appointed counsel for Susan Anderson in these direct criminal appeals, has moved to withdraw from further representation of the appellant and filed briefs pursuant to Anders v. California, 386 U.S. 738 (1967). Our independent review of the entire record reveals that counsel’s assessment of the relative merit of the appeals is correct. Because independent examination of the entire record reveals no arguable issues of merit, counsel’s motions to withdraw are GRANTED, and Anderson’s convictions and sentences are AFFIRMED.

We recognize that Anderson’s response to counsel’s motion to withdraw contains allegations that counsel provided ineffective assistance. 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 at this time, see Massaro v. United States, 538 U.S. 500, 504–05, 508 (2003), though Anderson is free to raise these allegations on collateral review in a § 2255 motion.

2

Reference

Status
Unpublished