United States v. Mikato Fulk

Filing

PER CURIAM OPINION FILED - THE COURT: Roger L. Wollman, Morris S. Arnold and Lavenski R. Smith (UNPUBLISHED); Granting [4289609-2] motion to withdraw as counsel filed by Mr. Jose Alfaro. [4358100] [15-2161]

United States Court of Appeals
For the Eighth Circuit
___________________________
No. 15-2161
___________________________
United States of America
lllllllllllllllllllll Plaintiff - Appellee
v.
Mikato Fulks
lllllllllllllllllllll Defendant - Appellant
____________
Appeal from United States District Court
for the Western District of Arkansas - Fayetteville
____________
Submitted: January 15, 2016
Filed: January 21, 2016
[Unpublished]
____________
Before WOLLMAN, ARNOLD, and SMITH, Circuit Judges.
____________
PER CURIAM.
Mikato Fulks directly appeals after he pleaded guilty, pursuant to a written plea
agreement, to a felon-in-possession offense, and the district court1 sentenced him
1

The Honorable Timothy L. Brooks, United States District Judge for the
Western District of Arkansas.

Appellate Case: 15-2161

Page: 1

Date Filed: 01/21/2016 Entry ID: 4358100

within the Guidelines range to 70 months in prison and three years of supervised
release. His counsel has moved to withdraw, and in a brief filed under Anders v.
California, 386 U.S. 738 (1967), he challenges the substantive reasonableness of
Fulks’s sentence. In a pro se supplemental brief, Fulks argues that defense counsel
railroaded him, with failed promises of sentencing leniency, into accepting a guilty
plea on an unjustly brought charge.
Upon careful review, we conclude that the district court did not abuse its
discretion in refusing to vary below the Guidelines range, and that the resulting
sentence is not substantively unreasonable. See United States v. Feemster, 572 F.3d
455, 461 (8th Cir. 2009) (en banc) (standard of review); United States v. Jordan, 573
F.3d 586, 590 (8th Cir. 2009). As to the pro se arguments, we decline to review any
ineffective-assistance claims in this direct criminal appeal, see United States v.
Looking Cloud, 419 F.3d 781, 788-89 (8th Cir. 2005); and to the extent Fulks
suggests that his guilty plea was involuntary, this newly raised contention is not
properly before us, see United States v. Murphy, 899 F.2d 714, 716 (8th Cir. 1990).
Finally, having independently reviewed the record pursuant to Penson v. Ohio, 488
U.S. 75 (1988), we find no nonfrivolous issues.
Accordingly, we affirm. Counsel’s motion to withdraw is granted.
______________________________

-2-

Appellate Case: 15-2161

Page: 2

Date Filed: 01/21/2016 Entry ID: 4358100