United States v. Susan Streeter, No. 10-3002 (8th Cir. 2010)
Annotate this CaseCourt Description: Criminal case - criminal law. Anders case. Evidence was sufficient to support defendant's conviction for making a false claim against the United States; claim the conviction was based on false testimony rejected; claim of ineffective assistance of counsel was not properly raised in this direct appeal.
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United States Court of Appeals FOR THE EIGHTH CIRCUIT ___________ No. 10-3002 ___________ United States of America, Appellee, v. Susan Iwasa Streeter, Appellant. * * * * Appeal from the United States * District Court for the Southern * District of Iowa. * * [UNPUBLISHED] * ___________ Submitted: December 20, 2010 Filed: December 23, 2010 ___________ Before LOKEN, MURPHY, and BENTON, Circuit Judges. ___________ PER CURIAM. After a jury found Susan Streeter guilty of making a false claim against the United States in violation of 18 U.S.C. ยง 287, the district court1 sentenced her to one year of probation. Her counsel has moved to withdraw, and has filed a brief under Anders v. California, 386 U.S. 738 (1967), arguing that the evidence was insufficient to support the verdict. In a pro se supplemental brief, Streeter argues that her conviction was based on false testimony, and counsel was ineffective. 1 The Honorable Robert W. Pratt, Chief Judge, United States District Court for the Southern District of Iowa. We conclude that the evidence, which we must view in the light most favorable to the verdict, was sufficient for the jury to find Streeter guilty of the offense beyond a reasonable doubt. See United States v. Williams, 534 F.3d 980, 985 (8th Cir. 2008) (standard of review); United States v. Refert, 519 F.3d 752, 757 (8th Cir. 2008) (elements of offense). We further conclude that Streeter s conclusory assertion that her conviction was based on false testimony does not warrant reversal, see United States v. Coronel-Quintana, 752 F.2d 1284, 1290 (8th Cir. 1985); and we decline to consider Streeter s ineffective-assistance claim, because it is not properly raised in this direct criminal appeal, see United States v. Lewis, 483 F.3d 871, 873 n.2 (8th Cir. 2007). Having reviewed the record independently pursuant to Penson v. Ohio, 488 U.S. 75, 80 (1988), we find no nonfrivolous issues for appeal. Accordingly, we affirm the district court s judgment, and we grant counsel s motion to withdraw, subject to counsel informing Streeter about procedures for seeking rehearing or filing a petition for certiorari. ______________________________ -2-
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