Filed: Jun. 28, 2019
Latest Update: Mar. 03, 2020
Summary: United States Court of Appeals For the Eighth Circuit _ No. 18-1928 No. 18-1929 _ United States of America lllllllllllllllllllllPlaintiff - Appellee v. Allen Frank Martin lllllllllllllllllllllDefendant - Appellant _ Appeals from United States District Court for the Western District of Arkansas - Ft. Smith _ Submitted: June 21, 2019 Filed: June 28, 2019 [Unpublished] _ Before LOKEN, GRUENDER, and KOBES, Circuit Judges. _ PER CURIAM. In these consolidated cases, Allen Martin directly appeals the
Summary: United States Court of Appeals For the Eighth Circuit _ No. 18-1928 No. 18-1929 _ United States of America lllllllllllllllllllllPlaintiff - Appellee v. Allen Frank Martin lllllllllllllllllllllDefendant - Appellant _ Appeals from United States District Court for the Western District of Arkansas - Ft. Smith _ Submitted: June 21, 2019 Filed: June 28, 2019 [Unpublished] _ Before LOKEN, GRUENDER, and KOBES, Circuit Judges. _ PER CURIAM. In these consolidated cases, Allen Martin directly appeals the ..
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United States Court of Appeals
For the Eighth Circuit
___________________________
No. 18-1928
No. 18-1929
___________________________
United States of America
lllllllllllllllllllllPlaintiff - Appellee
v.
Allen Frank Martin
lllllllllllllllllllllDefendant - Appellant
___________________________
Appeals from United States District Court
for the Western District of Arkansas - Ft. Smith
____________
Submitted: June 21, 2019
Filed: June 28, 2019
[Unpublished]
____________
Before LOKEN, GRUENDER, and KOBES, Circuit Judges.
____________
PER CURIAM.
In these consolidated cases, Allen Martin directly appeals the within-
Guidelines sentence the district court1 imposed after he was charged in two
indictments and pled guilty to aggravated identity theft, theft of government funds,
and failure to appear. His counsel has moved for leave to withdraw, and has filed a
brief under Anders v. California,
386 U.S. 738 (1967), challenging the sentence as
substantively unreasonable. Martin has filed a pro se brief, claiming ineffective
assistance of counsel.
We first decline to address Martin’s pro se ineffective-assistance claim in this
direct appeal. See United States v. Ramirez-Hernandez,
449 F.3d 824, 827 (8th Cir.
2006) (discussing limited circumstances in which ineffective-assistance claims are
considered on direct appeal). We further conclude that Martin’s sentence is not
substantively unreasonable. See United States v. Feemster,
572 F.3d 455, 461 (8th
Cir. 2009) (en banc) (discussing substantive reasonableness); see also Gall v. United
States,
552 U.S. 38, 51 (2007) (appellate court may apply presumption of
reasonableness to within-Guidelines sentence). Finally, we have independently
reviewed the record pursuant to Penson v. Ohio,
488 U.S. 75 (1988), and have found
no non-frivolous issues. Accordingly, we grant counsel’s motion to withdraw, and
we affirm.
______________________________
1
The Honorable P.K. Holmes, III, United States District Judge for the Western
District of Arkansas.
-2-