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United States v. Randel Branscum, 16-4430 (2017)

Court: Court of Appeals for the Eighth Circuit Number: 16-4430 Visitors: 33
Filed: Jul. 12, 2017
Latest Update: Mar. 03, 2020
Summary: United States Court of Appeals For the Eighth Circuit _ No. 16-4430 _ United States of America lllllllllllllllllllll Plaintiff - Appellee v. Randel Branscum lllllllllllllllllllll Defendant - Appellant _ Appeal from United States District Court for the Eastern District of Arkansas - Little Rock _ Submitted: July 3, 2017 Filed: July 12, 2017 [Unpublished] _ Before BENTON, BOWMAN, and SHEPHERD, Circuit Judges. _ PER CURIAM. Randel Branscum appeals after he pleaded guilty with a written plea agreeme
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                 United States Court of Appeals
                            For the Eighth Circuit
                        ___________________________

                                No. 16-4430
                        ___________________________

                             United States of America

                        lllllllllllllllllllll Plaintiff - Appellee

                                           v.

                                  Randel Branscum

                      lllllllllllllllllllll Defendant - Appellant
                                      ____________

                     Appeal from United States District Court
                 for the Eastern District of Arkansas - Little Rock
                                  ____________

                              Submitted: July 3, 2017
                               Filed: July 12, 2017
                                  [Unpublished]
                                  ____________

Before BENTON, BOWMAN, and SHEPHERD, Circuit Judges.
                         ____________

PER CURIAM.

       Randel Branscum appeals after he pleaded guilty with a written plea agreement
to a civil rights offense and the District Court1 imposed the agreed-upon sentence.

      1
       The Honorable Brian S. Miller, Chief Judge, United States District Court for
the Eastern District of Arkansas.
Branscum’s counsel has moved for leave to withdraw and has filed a brief under
Anders v. California, 
386 U.S. 738
(1967), questioning whether Branscum received
effective assistance of counsel.

       We decline to address the ineffective-assistance claim on direct appeal. See
United States v. Ramirez-Hernandez, 
449 F.3d 824
, 826–27 (8th Cir. 2006) (noting
that ineffective-assistance claims “are usually best litigated in collateral proceedings”
where the record can be properly developed). We have reviewed the record under
Penson v. Ohio, 
488 U.S. 75
, 80 (1988), and we have found no non-frivolous issues
for appeal. We affirm the judgment, and we grant counsel’s motion for leave to
withdraw.
                        ______________________________




                                          -2-

Source:  CourtListener

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