No. 10-5127
Appeal from the United States District Court for the Western
District of North Carolina, at Statesville.
Richard L.
Voorhees, District Judge. (5:08-cr-00048-RLV-DSC-2)
Submitted:
Decided:
July 1, 2011
PER CURIAM:
Rose Mary Brooks pleaded guilty, pursuant to a plea
agreement, to one count of wire fraud, in violation of 18 U.S.C.
1343
(2006).
The
district
court
sentenced
Brooks
to
108
appealed, 1
certifying
that
and
there
her
are
counsel
no
filed
meritorious
an
Anders 2
issues
for
appeal but asking this court to review whether Brooks was denied
effective assistance of counsel when trial counsel failed to
investigate and develop mitigating evidence concerning Brooks
mental illness.
show
that:
(1)
objective
standard
of
deficient
performance
counsels
performance
reasonableness;
was
and
prejudicial.
fell
(2)
below
an
counsels
Strickland
v.
Claims of ineffective
U.S.
500,
504
(2003).
ineffective-assistance
Typically,
claim
is
as
brought
here,
on
[w]hen
direct
an
appeal,
developed
precisely
for
the
object
of
litigating
or
Id. at 504-05.
we
deficient
decline
to
performance
address
this
by
counsel
claim
in
this
below.
appeal,
court
substantially
complied
with
Rule
11s
requirements.
advise
Brooks
assessment,
of
as
the
courts
required
by
obligation
Rule
to
impose
11(b)(1)(L).
special
However,
the
the
right
to
petition
the
Supreme
Court
of
the
contentions
the
court
are
adequately
and
argument
presented
would
not
in
aid
the
the
materials
decisional
process.
AFFIRMED