Filed: Aug. 16, 2018
Latest Update: Mar. 03, 2020
Summary: United States Court of Appeals For the Eighth Circuit _ No. 17-2470 _ United States of America lllllllllllllllllllllPlaintiff - Appellee v. David A. Floyd lllllllllllllllllllllDefendant - Appellant _ Appeal from United States District Court for the Western District of Missouri - Springfield _ Submitted: August 13, 2018 Filed: August 16, 2018 [Unpublished] _ Before GRUENDER, KELLY, and GRASZ, Circuit Judges. _ PER CURIAM. David Floyd directly appeals the below-Guidelines-range sentence the distri
Summary: United States Court of Appeals For the Eighth Circuit _ No. 17-2470 _ United States of America lllllllllllllllllllllPlaintiff - Appellee v. David A. Floyd lllllllllllllllllllllDefendant - Appellant _ Appeal from United States District Court for the Western District of Missouri - Springfield _ Submitted: August 13, 2018 Filed: August 16, 2018 [Unpublished] _ Before GRUENDER, KELLY, and GRASZ, Circuit Judges. _ PER CURIAM. David Floyd directly appeals the below-Guidelines-range sentence the distric..
More
United States Court of Appeals
For the Eighth Circuit
___________________________
No. 17-2470
___________________________
United States of America
lllllllllllllllllllllPlaintiff - Appellee
v.
David A. Floyd
lllllllllllllllllllllDefendant - Appellant
____________
Appeal from United States District Court
for the Western District of Missouri - Springfield
____________
Submitted: August 13, 2018
Filed: August 16, 2018
[Unpublished]
____________
Before GRUENDER, KELLY, and GRASZ, Circuit Judges.
____________
PER CURIAM.
David Floyd directly appeals the below-Guidelines-range sentence the district
1
court imposed after he pleaded guilty to a drug-conspiracy charge. His counsel has
1
The Honorable M. Douglas Harpool, United States District Judge for the
Western District of Missouri.
moved for leave to withdraw, and has filed a brief under Anders v. California,
386
U.S. 738 (1967), relaying Floyd’s arguments that ineffective assistance of counsel led
to his guilty plea, and that his sentence was unreasonable.
Upon careful review, we conclude that the district court did not impose an
unreasonable sentence.2 See United States v. McCauley,
715 F.3d 1119, 1127 (8th
Cir. 2013) (when district court has varied downward from Guidelines range, it is
“nearly inconceivable” that court abused its discretion in not varying downward
further). Further, we decline to consider Floyd’s ineffective-assistance-of-counsel
claim on direct appeal. See United States v. Ramirez-Hernandez,
449 F.3d 824,
826-27 (8th Cir. 2006) (ineffective-assistance claims are usually best litigated in
collateral proceedings, where record can be properly developed).
Finally, we have independently reviewed the record under Penson v. Ohio,
488
U.S. 75 (1988), and have found no nonfrivolous issues for appeal. Accordingly, we
affirm, and we grant counsel leave to withdraw.
______________________________
2
We decline to enforce the appeal waiver in Floyd’s plea agreement. Cf.
United States v. Andis,
333 F.3d 886, 890 (8th Cir. 2003) (en banc).
-2-