United States v. Quiver, No. 18-2228 (8th Cir. 2019)
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The Eighth Circuit affirmed defendant's conviction and sentence for being an accessory to a second degree murder. The court declined to consider defendant's ineffective assistance of counsel claim on direct appeal where the issue was never raised before the district court and the record was not fully developed; there was no basis for the court to conclude that trial counsel's ineffectiveness was readily apparent or obviously deficient; and defendant failed to show a plain miscarriage of justice.
The court also held that the district court did not commit procedural error where the district court's explanation of the sentence was sufficient. Furthermore, any procedural error by imposing an upward departure was harmless because the district court justified the sentence by referencing both the grounds and the relevant section 18 U.S.C. 3553(a) factors. Finally, the district court did not abuse its discretion and did not impose a substantively unreasonable sentence.
Court Description: Gruender, Author, with Benton and Grasz, Circuit Judges] Criminal Case - sentencing. On appeal following guilty plea to being accessory to second-degree murder and above-guidelines sentence of 180 months, claims of ineffective assistance of counsel will not be considered, as record not fully developed, ineffectiveness is not readily apparent or obviously deficient, and no plain miscarriage of justice in light of availability of action under 28 U.S.C. sec. 2255. District court did not commit procedural error, as basis for sentence was adequately explained, and any procedural error in imposing an upward departure was harmless because district court justified the sentenced by referencing both the grounds and the relevant section 3553(a) factors. District court did not abuse its discretion in imposing a substantively unreasonable sentence.
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