United States v. Timothy G. Seales

U.S. Court of Appeals for the Eighth Circuit
United States v. Timothy G. Seales, 504 F. App'x 552 (8th Cir. 2013)

United States v. Timothy G. Seales

Opinion

PER CURIAM.

Timothy Seales pleaded guilty to failing to pay child support, in violation of 18 U.S.C. § 228(a)(3), and the district court 1 imposed a sentence of three years of unsupervised probation. This appeal followed, in which counsel moved to withdraw and filed a brief under Anders v. California, *553 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), arguing that the court committed plain error at the change-of-plea hearing by failing to confirm whether Seales understood that any statement he made under oath could be used in a prosecution for perjury or false statement, as mandated by Federal Rule of Criminal Procedure 11(b)(1)(A). The notice of appeal was untimely, and this frivolous issue was not raised in the district court. By proceeding in this fashion, the Assistant Federal Public Defender obligated our court to review the record under Penson v. Ohio, 488 U.S. 75, 109 S.Ct. 346, 102 L.Ed.2d 300 (1988). Though a waste of our resources, we have done so and find no nonfrivolous issues. Accordingly, we affirm the judgment of the district court and decline to rule on counsel’s motion to withdraw.

1

. The Honorable Jeffrey L. Viken, Chief Judge, United States District Court for the District of South Dakota.

Reference

Full Case Name
UNITED STATES of America, Plaintiff-Appellee v. Timothy G. SEALES, Defendant-Appellant
Status
Unpublished