11th Cir.

United States v. Wilburn

March 20, 2026 ·1:24-cr-00125-TFM-B-2 ·Per Curiam · By James Taylor

The Eleventh Circuit granted appointed counsel's motion to withdraw from representing the defendant in a direct criminal appeal. The court affirmed the district court's judgment after an independent review found no arguable issues of merit.

Joseph Ambrose Wilburn, Jr. appealed his criminal conviction and sentence from the United States District Court for the Southern District of Alabama. Appointed counsel, Domingo Soto, filed a motion to withdraw from representation and submitted a brief pursuant to the Supreme Court's decision in Anders v. California. This procedural mechanism allows counsel to withdraw if, after a thorough review of the record, they determine the appeal lacks any arguable merit. The government did not file a response, and the case was placed on the Non-Argument Calendar for review by the panel.

The Eleventh Circuit conducted an independent examination of the entire record to verify counsel's assessment. Under the Anders standard, counsel must demonstrate that the appeal is wholly frivolous, meaning there are no issues of arguable merit. The court found that its independent review confirmed counsel's conclusion that no such issues existed. Consequently, the court determined that the motion to withdraw was proper and that the appeal could not proceed on any viable legal grounds.

The judgment of the district court is affirmed, meaning Wilburn's conviction and sentence stand. The case is closed, and the appointed counsel is relieved of further representation duties. No remand instructions are issued as the appellate court has resolved the matter by affirming the lower court's decision.