United States v. Dmontrey Redmond
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Submitted: June 8, 2022 Filed: June 13, 2022 [Unpublished] ____________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- Unpublished