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230 F. App'x 960

United States v. Devon Thomas

U.S. Courts of Appeals

Decided August 8, 2007

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U.S. Courts of Appeals · decided 2007-08-08

<p>Non-Argument Calendar.</p>

Applies 28 U.S.C. § 2255 (Antiterrorism and Effective Death Penalty Act of 1996)

Relies on Anders v. California · Massaro v. United States

Decided 2007-08-08

PER CURIAM:

¶1 Mark C. Katzef, appointed counsel for Devon Thomas 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 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 Thomas’s convictions and sentences are affirmed.

¶2 While Thomas’s counsel filed an Anders brief, we recognize that Thomas filed pro se another brief attempting to raise six claims of ineffective assistance of counsel. 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. See Massaro v. United States, 538 U.S. 500, 504-05, 508, 123 S.Ct. 1690, 1693-94, 1696, 155 L.Ed.2d 714 (2003).

¶3 AFFIRMED.

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