United States v. Danny Louie

Filing

PER CURIAM OPINION FILED - THE COURT: Diana E. Murphy, Pasco M. Bowman and Duane Benton (UNPUBLISHED); Granting [4148799-2] motion to withdraw as counsel subject to counsel informing appellant about procedures for seeking rehearing or filing a petition for certiorari. [4200694] [14-1726]

United States Court of Appeals
For the Eighth Circuit
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No. 14-1726
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United States of America
lllllllllllllllllllll Plaintiff - Appellee
v.
Danny Louie, also known as Danny M. Louie, also known as Danny Louis, also
known as Dan Louie
lllllllllllllllllllll Defendant - Appellant
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Appeal from United States District Court
for the Western District of Missouri - Kansas City
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Submitted: September 3, 2014
Filed: September 26, 2014
[Unpublished]
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Before MURPHY, BOWMAN and BENTON, Circuit Judges.
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PER CURIAM.
Danny Louie directly appeals the sentence the district court1 imposed after he
pled guilty to a drug charge. His counsel moved to withdraw, and filed a brief under

1

The Honorable Howard F. Sachs, United States District Judge for the Western
District of Missouri.

Appellate Case: 14-1726

Page: 1

Date Filed: 09/26/2014 Entry ID: 4200694

Anders v. California, 386 U.S. 738 (1967), arguing that Louie received ineffective
assistance of counsel and the government engaged in prosecutorial misconduct.
This court declines to consider Louie’s ineffective assistance claims on direct
appeal. See United States v. McAdory, 501 F.3d 868, 872-73 (8th Cir. 2007)
(ineffective-assistance claims are ordinarily deferred to 28 U.S.C. § 2255
proceedings). There is no merit to Louie’s prosecutorial misconduct claims. See
United States v. New, 491 F.3d 369, 377 (8th Cir. 2007) (to obtain reversal based on
prosecutorial misconduct, defendant must show prosecutor’s remarks or conduct were
improper). An independent review of the record under Penson v. Ohio, 488 U.S. 75
(1988), reveals no non-frivolous issues.
The judgment of the district court is affirmed, and counsel’s motion to
withdraw is granted, subject to counsel informing Louie about procedures for seeking
rehearing or filing a petition for certiorari.
______________________________

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Appellate Case: 14-1726

Page: 2

Date Filed: 09/26/2014 Entry ID: 4200694