United States v. Reginald Ford

Filing

PER CURIAM OPINION FILED - THE COURT: Raymond W. Gruender, Morris S. Arnold and Bobby E. Shepherd (UNPUBLISHED); Granting [4342583-2] motion to withdraw as counsel filed by Ms. Anita L. Burns. [4384095] [15-3684]

United States Court of Appeals
For the Eighth Circuit
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No. 15-3684
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United States of America
lllllllllllllllllllll Plaintiff - Appellee
v.
Reginald L. Ford
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: March 29, 2016
Filed: April 1, 2016
[Unpublished]
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Before GRUENDER, ARNOLD, and SHEPHERD, Circuit Judges.
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PER CURIAM.
Reginald Ford directly appeals the sentence imposed by the district court1 after
he pled guilty to a drug offense, pursuant to a plea agreement containing an appeal
1

The Honorable Beth Phillips, United States District Judge for the Western
District of Missouri.

Appellate Case: 15-3684

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Date Filed: 04/01/2016 Entry ID: 4384095

waiver. His counsel has moved to withdraw and has filed a brief under Anders v.
California, 386 U.S. 738 (1967), arguing that Ford’s sentence is unreasonable and
that Ford received ineffective assistance of counsel. Ford has filed a supplemental
brief, arguing that the district court misapplied the career-offender provisions of the
Guidelines, in light of Johnson v. United States, 135 S. Ct. 2551 (2015). First, we
decline to reach the ineffective-assistance claim on direct appeal. See United States
v. Ramirez-Hernandez, 449 F.3d 824, 826-27 (8th Cir. 2006) (ineffective-assistance
claims are usually best litigated in collateral proceedings, where record can be
properly developed). Second, as to the remaining arguments, we enforce the appeal
waiver. See United States v. Scott, 627 F.3d 702, 704 (8th Cir. 2010) (de novo
review); United States v. Andis, 333 F.3d 886, 889-90 (8th Cir. 2003) (en banc)
(appeal waiver will be enforced if appeal falls within scope of waiver, defendant
knowingly and voluntarily entered into waiver and plea agreement, and enforcing
waiver would not result in miscarriage of justice). Finally, having independently
reviewed the record under Penson v. Ohio, 488 U.S. 75 (1988), we find no
nonfrivolous issues for appeal.
Accordingly, we dismiss the appeal and grant counsel’s motion to withdraw.
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Appellate Case: 15-3684

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Date Filed: 04/01/2016 Entry ID: 4384095