Case: 11-15658 Date Filed: 12/07/2012 Page: 1 of 2
[DO NOT PUBLISH]
IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT
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No. 11-15658
Non-Argument Calendar
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D.C. Docket No. 2:11-cr-00052-CEH-DNF-1
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
ROBERTO TREVINO,
Defendant-Appellant.
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Appeal from the United States District Court
for the Middle District of Florida
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(December 7, 2012)
Before MARCUS, JORDAN and KRAVITCH, Circuit Judges.
PER CURIAM:
Thomas H. Ostrander, appointed counsel for Roberto Trevino in this direct
Case: 11-15658 Date Filed: 12/07/2012 Page: 2 of 2
criminal appeal, has filed both a motion to withdraw from further representation of
Mr. Trevino and a brief pursuant to Anders v. California, 386 U.S. 738 (1967). Our
independent review of the entire record reveals that Mr. Ostrander’s assessment of
the relative merit of Mr. Trevino’s appeal is correct. Having also reviewed Mr.
Trevino’s response to the Anders brief filed by Mr. Ostrander, we conclude that (1)
the appeal waiver bars Mr. Trevino’s argument concerning the district court’s
leadership-role sentence enhancement and (2) any claims of ineffective assistance of
counsel must be left to a proceeding pursuant to 28 U.S.C. § 2255 because of the
undeveloped nature of the record. Because independent examination of the entire
record reveals no arguable issues of merit, Mr. Ostrander’s motion to withdraw is
GRANTED, and Mr. Trevino’s conviction and sentence are AFFIRMED.
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