United States v. Danny Louie, No. 14-1726 (8th Cir. 2014)
Annotate this CaseCourt Description: Criminal case - Sentencing. Anders case. Ineffective assistance of counsel claims would not be considered on direct appeal; claims of prosecutorial misconduct were meritless.
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United States Court of Appeals For the Eighth Circuit ___________________________ No. 14-1726 ___________________________ United States of America lllllllllllllllllllll Plaintiff - Appellee v. Danny Louie, also known as Danny M. Louie, also known as Danny Louis, also known as Dan Louie lllllllllllllllllllll Defendant - Appellant ____________ Appeal from United States District Court for the Western District of Missouri - Kansas City ____________ Submitted: September 3, 2014 Filed: September 26, 2014 [Unpublished] ____________ Before MURPHY, BOWMAN and BENTON, Circuit Judges. ____________ PER CURIAM. Danny Louie directly appeals the sentence the district court1 imposed after he pled guilty to a drug charge. His counsel moved to withdraw, and filed a brief under 1 The Honorable Howard F. Sachs, United States District Judge for the Western District of Missouri. Anders v. California, 386 U.S. 738 (1967), arguing that Louie received ineffective assistance of counsel and the government engaged in prosecutorial misconduct. This court declines to consider Louie s ineffective assistance claims on direct appeal. See United States v. McAdory, 501 F.3d 868, 872-73 (8th Cir. 2007) (ineffective-assistance claims are ordinarily deferred to 28 U.S.C. ยง 2255 proceedings). There is no merit to Louie s prosecutorial misconduct claims. See United States v. New, 491 F.3d 369, 377 (8th Cir. 2007) (to obtain reversal based on prosecutorial misconduct, defendant must show prosecutor s remarks or conduct were improper). An independent review of the record under Penson v. Ohio, 488 U.S. 75 (1988), reveals no non-frivolous issues. The judgment of the district court is affirmed, and counsel s motion to withdraw is granted, subject to counsel informing Louie about procedures for seeking rehearing or filing a petition for certiorari. ______________________________ -2-
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