United States v. Corey Brooks, No. 14-3669 (8th Cir. 2015)
Annotate this CaseCourt Description: Per Curiam - Before Smith, Bowman and Colloton, Circuit Judges] Criminal case - Criminal law. Anders case. District court did not err in finding defendant was competent to plead guilty and did not err in accepting the plea.
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United States Court of Appeals For the Eighth Circuit ___________________________ No. 14-3669 ___________________________ United States of America, lllllllllllllllllllll Plaintiff - Appellee, v. Corey Allen Brooks, lllllllllllllllllllll Defendant - Appellant. ____________ Appeal from United States District Court for the Southern District of Iowa - Council Bluffs ____________ Submitted: May 25, 2015 Filed: June 19, 2015 [Unpublished] ____________ Before SMITH, BOWMAN, and COLLOTON, Circuit Judges. ____________ PER CURIAM. Corey Brooks directly appeals after he pled guilty to a drug-conspiracy offense and a firearm-related offense, and the district court1 sentenced him to 40 years in 1 The Honorable John A. Jarvey, Chief Judge, United States District Court for the Southern District of Iowa. prison. His counsel has moved to withdraw, and has filed a brief under Anders v. California, 386 U.S. 738 (1967), arguing that Brooks was not competent at the time he entered his guilty plea, and thus the district court2 erred by accepting his plea. Upon careful review, we conclude that--in light of Brooks’s own statements at the change-of-plea hearing, as well as his counsel’s statements--the district court did not clearly err in finding that Brooks was competent at the time he entered his guilty plea. See United States v. Martinez, 446 F.3d 878, 881 (8th Cir. 2006); United States v. Denton, 434 F.3d 1104, 1112-13 (8th Cir. 2006). We therefore further conclude that the district court did not err in accepting Brooks’s plea. In addition, having reviewed the record independently under Penson v. Ohio, 488 U.S. 75 (1988), we find no nonfrivolous issues. Accordingly, we grant counsel’s motion to withdraw, and we affirm. ______________________________ 2 The Honorable Stephanie M. Rose, United States District Judge for the Southern District of Iowa. -2-
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