United States v. Dmontrey Redmond

U.S. Court of Appeals for the Eighth Circuit

United States v. Dmontrey Redmond

Opinion

United States Court of Appeals For the Eighth Circuit ___________________________

No. 22-1024 ___________________________

United States of America

lllllllllllllllllllllPlaintiff - Appellee

v.

Dmontrey Rayshawn Redmond, also known as Leafo

lllllllllllllllllllllDefendant - Appellant ____________

Appeal from United States District Court for the Northern District of Iowa - Cedar Rapids ____________

Submitted: June 8, 2022 Filed: June 13, 2022 [Unpublished] ____________

Before GRUENDER, BENTON, and STRAS, Circuit Judges. ____________

PER CURIAM.

Dmontrey Redmond received a 120-month prison sentence after he pleaded guilty to being a felon in possession of a firearm. See 18 U.S.C. § 922(g)(1). In an Anders brief, Redmond’s counsel suggests that the sentence is substantively unreasonable. See Anders v. California, 386 U.S. 738 (1967). A pro se supplemental brief claims that trial counsel was ineffective. We conclude that the sentence is reasonable. The record establishes that the district court 1 sufficiently considered the statutory sentencing factors, 18 U.S.C. § 3553(a), and did not rely on an improper factor or commit a clear error of judgment. See United States v. Feemster, 572 F.3d 455, 461 (8th Cir. 2009) (en banc). The ineffective-assistance-of-counsel claim, meanwhile, will have to await collateral review. See United States v. Ramirez-Hernandez, 449 F.3d 824, 826–27 (8th Cir. 2006) (explaining that this type of claim is “usually best litigated in collateral proceedings”).

Finally, we have independently reviewed the record and conclude that no other non-frivolous issues exist. See Penson v. Ohio, 488 U.S. 75, 82–83 (1988). We accordingly affirm the judgment of the district court and grant counsel permission to withdraw. ______________________________

1 The Honorable C.J. Williams, United States District Court Judge for the Northern District of Iowa.

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Reference

Status
Unpublished