USA v. Demond McDaniels, No. 06-2738 (8th Cir. 2007)
Annotate this CaseCourt Description: Criminal Case - Anders. No nonfrivoulous issues are presented in appeal of 120-month sentence after guilty plea for possessing with intent to distribute more than 50 grams of cocaine base.
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United States Court of Appeals FOR THE EIGHTH CIRCUIT ___________ No. 06-2738 ___________ United States of America, Appellee, v. Demond Bernard McDaniels, Appellant. * * * * Appeal from the United States * District Court for the * Eastern District of Missouri. * * [UNPUBLISHED] * ___________ Submitted: September 28, 2007 Filed: October 4, 2007 ___________ Before MURPHY, SMITH, and SHEPHERD, Circuit Judges. ___________ PER CURIAM. Demond Bernard McDaniels appeals the 120-month prison sentence that the district court1 imposed after he pleaded guilty to possessing with intent to distribute more than 50 grams of cocaine base, in violation of 21 U.S.C. ยง 841(a)(1), (b)(1)(A)(iii). On appeal, McDaniels has filed a motion for appointment of counsel; his counsel has filed a brief pursuant to Anders v. California, 386 U.S. 738 (1967), in which she seeks leave to withdraw. 1 The Honorable E. Richard Webber, United States District Judge for the Eastern District of Missouri. After reviewing the record independently under Penson v. Ohio, 488 U.S. 75 (1988), and finding no non-frivolous issues, we affirm the judgment of the district court and grant counsel s motion to withdraw on condition that counsel inform appellant about the procedures for filing petitions for rehearing and for certiorari. We also deny McDaniels s motion for appointment of counsel. ______________________________ -2-
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