United States v. Delmonte Wilson

Filing

PER CURIAM OPINION FILED - THE COURT: Steven M. Colloton, Raymond W. Gruender and Jane Kelly (UNPUBLISHED); Granting [4367626-2] motion to withdraw as counsel filed by Ms. Anita L. Burns. [4409811] [16-1080]

United States Court of Appeals
For the Eighth Circuit
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No. 16-1080
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United States of America
lllllllllllllllllllll Plaintiff - Appellee
v.
Delmonte M. Wilson
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: May 31, 2016
Filed: June 9, 2016
[Unpublished]
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Before COLLOTON, GRUENDER, and KELLY, Circuit Judges.
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PER CURIAM.
Delmonte Wilson directly appeals after he pled guilty to a felon-in-possession
offense and the district court1 imposed a within-Guidelines-range sentence. His
1

The Honorable Greg Kays, Chief Judge, United States District Court for the
Western District of Missouri.

Appellate Case: 16-1080

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Date Filed: 06/09/2016 Entry ID: 4409811

counsel has moved to withdraw and has filed a brief under Anders v. California, 386
U.S. 738 (1967), arguing that Wilson received ineffective assistance of counsel, that
the district court imposed an unreasonable sentence, that the court erred in its
Guidelines calculations, and that the Government engaged in prosecutorial
misconduct by failing to offer a favorable plea deal.
To begin, we decline to address the ineffective-assistance claim. 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). We further conclude that counsel presents
no meritorious basis for reversing Wilson’s sentence, see United States v. David, 682
F.3d 1074, 1076-77 (8th Cir. 2012) (discussing appellate review of sentencing
decisions), or for finding prosecutorial misconduct, see Lafler v. Cooper, 132 S. Ct.
1376, 1387 (2012) (defendants have no right to be offered plea deal).
Having independently reviewed the record under Penson v. Ohio, 488 U.S. 75
(1988), we have found no non-frivolous issues for appeal. Accordingly, we grant
counsel’s motion to withdraw, and we affirm.
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Appellate Case: 16-1080

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Date Filed: 06/09/2016 Entry ID: 4409811