help with an at&t apple iphone 4s?

Hello Albert,

Congratulations on your new iPhone! It sounds like you may still need to erase the iPhone you purchased so that you can dissociate the previous owner’s account from the iPhone and restore your backup to the iPhone.

Use these steps to remove the previous owner’s account:

If the device has not been erased

If the device hasn't been erased, you'll be able to access either the Home or Lock screen as shown below.

If the previous owner is with you and can access the device
Ask them to erase all content and settings by choosing Settings > General > Reset > Erase All Content and Settings. They'll need to provide their Apple ID and password. After the device is erased, you'll can proceed with the device setup process.

If the previous owner is not present
Make sure the device is powered on and connected to a Wi-Fi or cellular network. Then contact the previous owner and ask them to follow these steps to remove the device from their account:

1. Sign in to their iCloud account at www.icloud.com/find.
2. Click All Devices to open a list of devices linked to their account, then select the device to be removed.
3. Click the Erase button to erase all content and settings from the device. When prompted, don't enter a phone number or message. Click Next until the device is erased.
4. When the erase is complete, click "Remove from Account" to remove the device from the account.

After the device is erased and removed from the account, you can proceed with the device setup process.

Find My iPhone Activation Lock: Removing a device from a previous owner’s account

http://support.apple.com/kb/TS4515

Once the iPhone is erased, you can restore the backup from your previous iPhone to your new iPhone using the steps in this article:

Transfer content from an iPhone, iPad, or iPod touch to a new device

http://support.apple.com/kb/HT2109

Thank you for using Apple Support Communities.

Best,

Sheila M.