United States v. Dyqwon Brown, No. 22-1383 (8th Cir. 2022)
Annotate this CaseCourt Description: [Per Curiam - Before Gruender, Benton, and Stras, Circuit Judges] Criminal case - Criminal law. Anders case. Defendant's knowing and enforceable appeal waiver covers all but one of his issues, and that issue, ineffective assistance of counsel, should be raised in a collateral proceeding.
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United States Court of Appeals For the Eighth Circuit ___________________________ No. 22-1383 ___________________________ United States of America lllllllllllllllllllllPlaintiff - Appellee v. Dyqwon D. Brown lllllllllllllllllllllDefendant - Appellant ____________ Appeal from United States District Court for the Western District of Missouri - Kansas City ____________ Submitted: June 28, 2022 Filed: July 1, 2022 [Unpublished] ____________ Before GRUENDER, BENTON, and STRAS, Circuit Judges. ____________ PER CURIAM. Dyqwon Brown received a 96-month prison sentence after he pleaded guilty to being a felon in possession of ammunition. See 18 U.S.C. §§ 922(g)(1), 924(a)(2). As part of the plea agreement, he waived the right to appeal his conviction and sentence, except for, as relevant here, ineffective assistance of counsel. An Anders brief questions the enforceability of the plea agreement, the substantive reasonableness of the sentence imposed by the district court,1 and counsel’s performance. See Anders v. California, 386 U.S. 738 (1967). The appeal waiver, which is enforceable, covers all but one of these issues. See United States v. Scott, 627 F.3d 702, 704 (8th Cir. 2010) (reviewing the validity of an appeal waiver de novo); United States v. Andis, 333 F.3d 886, 889–92 (8th Cir. 2003) (en banc) (explaining that an appeal waiver will be enforced if the appeal falls within the scope of the waiver, the defendant knowingly and voluntarily entered into the plea agreement and the waiver, and enforcing the waiver would not result in a miscarriage of justice). For that one, ineffective assistance of counsel, it is too early to consider it given the state of the record. See United States v. Ramirez-Hernandez, 449 F.3d 824, 826–27 (8th Cir. 2006) (explaining that this type of claim is “usually best litigated in collateral proceedings”). Finally, 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). Accordingly, we dismiss the appeal and grant counsel permission to withdraw. ______________________________ 1 The Honorable Beth Phillips, Chief Judge, United States District Court for the Western District of Missouri. -2-
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