UNITED STATES v. COX (2019)

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, 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 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, 123 S.Ct. 1690, 155 L.Ed.2d 714 (2003), though Cox is free to raise these allegations on collateral review in a § 2255 motion.

PER CURIAM: