United States v. Randel Branscum, No. 16-4430 (8th Cir. 2017)
Annotate this CaseCourt Description: Per Curiam. Before Benton, Bowman, and Shepherd, Circuit Judges] Criminal Case - Anders. No non-frivolous issues for appeal are present. Ineffective assistance of counsel claim will not be addressed on direct appeal.
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United States Court of Appeals For the Eighth Circuit ___________________________ No. 16-4430 ___________________________ United States of America lllllllllllllllllllll Plaintiff - Appellee v. Randel Branscum lllllllllllllllllllll Defendant - Appellant ____________ Appeal from United States District Court for the Eastern District of Arkansas - Little Rock ____________ Submitted: July 3, 2017 Filed: July 12, 2017 [Unpublished] ____________ Before BENTON, BOWMAN, and SHEPHERD, Circuit Judges. ____________ PER CURIAM. Randel Branscum appeals after he pleaded guilty with a written plea agreement to a civil rights offense and the District Court1 imposed the agreed-upon sentence. 1 The Honorable Brian S. Miller, Chief Judge, United States District Court for the Eastern District of Arkansas. Branscum’s counsel has moved for leave to withdraw and has filed a brief under Anders v. California, 386 U.S. 738 (1967), questioning whether Branscum received effective assistance of counsel. We decline to address the ineffective-assistance claim on direct appeal. See United States v. Ramirez-Hernandez, 449 F.3d 824, 826–27 (8th Cir. 2006) (noting that ineffective-assistance claims “are usually best litigated in collateral proceedings” where the record can be properly developed). We have reviewed the record under Penson v. Ohio, 488 U.S. 75, 80 (1988), and we have found no non-frivolous issues for appeal. We affirm the judgment, and we grant counsel’s motion for leave to withdraw. ______________________________ -2-
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