United States v. Tony Wynn

[DO NOT PUBLISH]
IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT
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No. 15-11055
Non-Argument Calendar
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D.C. Docket No. 1:13-cr-00051-WLS-TQL-6
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
TONY WYNN,
Defendant - Appellant.
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Appeal from the United States District Court
for the Middle District of Georgia
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(November 24, 2015)
Before MARTIN, JILL PRYOR and ANDERSON, Circuit Judges.
PER CURIAM:
Thomas Ledford, appointed counsel for Tony Wynn in this direct criminal
appeal, has moved to withdraw from further representation of Mr. Wynn and
prepared a brief pursuant to Anders v. California, 386 U.S. 738 (1967). Our
independent review of the 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 Mr. Wynn’s conviction and sentence are AFFIRMED. 1
1
We acknowledge that Mr. Wynn expressed dissatisfaction with counsel’s performance
leading up to his guilty plea 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