United States v. Robert Montgomery

U.S. Court of Appeals for the Eighth Circuit
United States v. Robert Montgomery, 6 F. App'x 535 (8th Cir. 2001)

United States v. Robert Montgomery

Opinion

PER CURIAM.

Robert Montgomery appeals the sentence of 70 months imprisonment and 3 years supervised release imposed on him by the district court 1 after he pleaded guilty to being a felon in possession of a firearm, in violation of 18 U.S.C. §§ 922(g)(1) and 924(a)(2). On appeal, counsel moved to withdraw pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), filing a brief concerning ineffective-assistance and Miranda 2 issues, and challenging the length of Montgomery’s sentence.

We conclude Montgomery’s argument as to his counsel’s performance, which he seeks to raise initially on appeal, should be presented in 28 U.S.C. § 2255 proceedings, see United States v. Martin, 59 F.3d 767, 771 (8th Cir. 1995); by pleading guilty he waived the Miranda challenge, see United States v. Vong, 171 F.3d 648, 652 (8th Cir. 1999); and his sentence at the bottom of the applicable Guidelines range is unreviewable, cf. United States v. Woodrum, 959 F.2d 100, 101 (8th Cir. 1992) (per curiam).

Having reviewed the record independently under Penson v. Ohio, 488 U.S. 75, 80, 109 S.Ct. 346, 102 L.Ed.2d 300 (1988), we have found no non-frivolous issues for appeal.

Accordingly, we grant counsel’s motion to withdraw, and we affirm.

A true copy.

1

. The Honorable Fernando J. Gaitan, Jr., United States District Judge for the Western District of Missouri.

2

. Miranda v. Arizona, 384 U.S. 436, 86 S.Ct. 1602, 16 L.Ed.2d 694 (1966).

Reference

Full Case Name
UNITED STATES of America, Appellee, v. Robert MONTGOMERY, Appellant
Status
Unpublished