United States v. Larry Chance Cox ( 2019 )


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  •            Case: 18-13518   Date Filed: 07/16/2019   Page: 1 of 2
    [DO NOT PUBLISH]
    IN THE UNITED STATES COURT OF APPEALS
    FOR THE ELEVENTH CIRCUIT
    ________________________
    No. 18-13518
    Non-Argument Calendar
    ________________________
    D.C. Docket No. 8:16-cr-00338-CEH-JSS-1
    UNITED STATES OF AMERICA,
    Plaintiff-Appellee,
    versus
    LARRY CHANCE COX,
    Defendant-Appellant.
    ________________________
    Appeal from the United States District Court
    for the Middle District of Florida
    ________________________
    (July 16, 2019)
    Before TJOFLAT, JORDAN, and ROSENBAUM, Circuit Judges.
    PER CURIAM:
    Case: 18-13518     Date Filed: 07/16/2019   Page: 2 of 2
    Thomas Burns, appointed counsel for Larry Chance Cox 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
     (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 Cox’s
    conviction and sentence are AFFIRMED.
    We recognize that Cox alleged below that his retained counsel provided
    ineffective assistance at sentencing. 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 Cox is free to raise these allegations on
    collateral review in a § 2255 motion.
    2
    

Document Info

Docket Number: 18-13518

Filed Date: 7/16/2019

Precedential Status: Non-Precedential

Modified Date: 7/16/2019