United States v. Tracy Presson, No. 21-1733 (8th Cir. 2021)
Annotate this CaseCourt Description: [Per Curiam - Before Loken, Colloton, and Stras, Circuit Judges] Criminal case - Criminal law. Anders case. Defendant's plea was knowing and voluntary; plea counsel was not ineffective and there was no evidence of prosecutorial misconduct.
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United States Court of Appeals For the Eighth Circuit ___________________________ No. 21-1733 ___________________________ United States of America lllllllllllllllllllllPlaintiff - Appellee v. Tracy Todd Presson lllllllllllllllllllllDefendant - Appellant ____________ Appeal from United States District Court for the Western District of Missouri - Springfield ____________ Submitted: September 1, 2021 Filed: September 7, 2021 [Unpublished] ____________ Before LOKEN, COLLOTON, and STRAS, Circuit Judges. ____________ PER CURIAM. The district court 1 imposed an 840-month prison sentence after Tracy Presson pleaded guilty to sexually exploiting and coercing and enticing a minor. See 18 1 The Honorable Stephen R. Bough, United States District Judge for the Western District of Missouri. U.S.C. §§ 2251(a) (sexual exploitation), 2422(b) (coercion and enticement). In an Anders brief, Presson’s counsel suggests that the district court should have permitted Presson to withdraw his guilty plea. See Anders v. California, 386 U.S. 738 (1967). In a pro se brief, Presson argues that he received ineffective assistance of counsel and that the prosecutor engaged in misconduct. We conclude that the plea was knowing and voluntary, see Nguyen v. United States, 114 F.3d 699, 703 (8th Cir. 1997) (explaining that a defendant’s statements during the plea hearing carry “a strong presumption of verity”), plea counsel was not ineffective, see id.; United States v. Trevino, 829 F.3d 668, 672 (8th Cir. 2016), and that there is no evidence of prosecutorial misconduct, see United States v. Hunter, 770 F.3d 740, 743 (8th Cir. 2014). We have also independently reviewed the record and conclude that no other non-frivolous issues exist. See Penson v. Ohio, 488 U.S. 75, 82–83 (1988). We accordingly affirm the judgment of the district court and grant counsel permission to withdraw. ______________________________ -2-
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