U.S. Court of Appeals for the Eighth Circuit, 2007

United States v. Demond McDaniels

United States v. Demond McDaniels
U.S. Court of Appeals for the Eighth Circuit · Decided October 4, 2007 · Murphy, Smith, Shepherd
249 F. App'x 492

United States v. Demond McDaniels

Opinion

[UNPUBLISHED]

PER CURIAM.

Demond Bernard McDaniels appeals the 120-month prison sentence that the district court 1 imposed after he pleaded guilty to possessing with intent to distribute more than 50 grams of cocaine base, in violation of 21 U.S.C. § 841(a)(1), (b)(l)(A)(iii). On appeal, McDaniels has filed a motion for appointment of counsel; his counsel has filed a brief pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), in which she seeks leave to withdraw.

After reviewing the record independently under Penson v. Ohio, 488 U.S. 75, 109 S.Ct. 346, 102 L.Ed.2d 300 (1988), and finding no non-frivolous issues, we affirm the judgment of the district court and grant counsel’s motion to withdraw on condition that counsel inform appellant about the procedures for filing petitions for rehearing and for certiorari. We also deny McDániels’s motion for appointment of counsel.

1

. The Honorable E. Richard Webber, United States District Judge for the Eastern District of Missouri.

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