United States v. Aimee Rosenbaum, No. 22-2014 (8th Cir. 2023)
Annotate this CaseCourt Description: [Per Curiam - Before Colloton, Shepherd, and Stras, Circuit Judges] Criminal case - Sentencing. Anders case. The court would not consider claims of ineffective assistance of counsel in this direct appeal. [ January 11, 2023 ]
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United States Court of Appeals For the Eighth Circuit ___________________________ No. 22-2014 ___________________________ United States of America lllllllllllllllllllllPlaintiff - Appellee v. Aimee L. Rosenbaum lllllllllllllllllllllDefendant - Appellant ____________ Appeal from United States District Court for the Northern District of Iowa - Eastern ____________ Submitted: December 30, 2022 Filed: January 12, 2023 [Unpublished] ____________ Before COLLOTON, SHEPHERD, and STRAS, Circuit Judges. ____________ PER CURIAM. Aimee Rosenbaum appeals the sentence the district court1 imposed after she pleaded guilty to conversion and bankruptcy fraud pursuant to a plea agreement 1 The Honorable C.J. Williams, United States District Judge for the Northern District of Iowa. containing an appeal waiver. Her appellate counsel has moved to withdraw, and has filed a brief under Anders v. California, 386 U.S. 738 (1967), arguing that prior counsel provided ineffective assistance during Rosenbaum’s post-plea proceedings. While the appeal waiver does not prohibit ineffective-assistance claims, we decline to consider such claims on direct appeal without an adequately developed record. See United States v. Ramirez-Hernandez, 449 F.3d 824, 827 (8th Cir. 2006); United States v. Hernandez, 281 F.3d 746, 749 (8th Cir. 2002). We have also independently reviewed the record under Penson v. Ohio, 488 U.S. 75 (1988), and have found no non-frivolous issues for appeal falling outside the scope of the waiver. Accordingly, we affirm the judgment, and grant counsel’s motion to withdraw. ______________________________ -2-
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