United States v. Moses Simmons ( 2017 )


Menu:
  •               Case: 17-10262     Date Filed: 09/01/2017   Page: 1 of 2
    [DO NOT PUBLISH]
    IN THE UNITED STATES COURT OF APPEALS
    FOR THE ELEVENTH CIRCUIT
    ________________________
    No. 17-10262
    Non-Argument Calendar
    ________________________
    D.C. Docket No. 4:16-cr-00221-WTM-GRS-1
    UNITED STATES OF AMERICA,
    Plaintiff-Appellee,
    versus
    MOSES SIMMONS,
    a.k.a. Fam,
    Defendant-Appellant.
    ________________________
    Appeal from the United States District Court
    for the Southern District of Georgia
    ________________________
    (September 1, 2017)
    Before HULL, WILSON and JILL PRYOR, Circuit Judges.
    PER CURIAM:
    Amy Lee Copeland, appointed counsel for Moses Simmons, has moved to
    withdraw from further representation of the appellant and filed a brief pursuant to
    Case: 17-10262        Date Filed: 09/01/2017       Page: 2 of 2
    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 appeal is
    correct. Because independent examination of the entire record reveals no arguable
    issues of merit, counsel’s motion to withdraw is GRANTED, and Simmons’s
    conviction and sentence are AFFIRMED. 1
    1
    We acknowledge that Simmons expressed dissatisfaction with his prior counsel’s
    performance leading up to his sentencing and that he might wish to argue that counsel was
    ineffective in that respect. Such claims, however, generally “are not considered for the first time
    on direct appeal,” but rather are best reserved for postconviction proceedings. United States v.
    Tyndale, 
    209 F.3d 1292
    , 1294 (11th Cir. 2000); see Massaro v. United States, 
    538 U.S. 500
    , 504-
    05 (2003).
    2
    

Document Info

Docket Number: 17-10262

Filed Date: 9/1/2017

Precedential Status: Non-Precedential

Modified Date: 4/18/2021