United States of America v. Rahman Muhammed

United States Court of Appeals
For the Eighth Circuit
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No. 14-3499
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United States of America
lllllllllllllllllllll Plaintiff - Appellee
v.
Rahman Muhammed
lllllllllllllllllllll Defendant - Appellant
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Appeal from United States District Court
for the Western District of Missouri - Kansas City
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Submitted: April 6, 2015
Filed: April 17, 2015
[Unpublished]
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Before WOLLMAN, MURPHY, and GRUENDER, Circuit Judges.
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PER CURIAM.
Rahman Muhammed directly appeals the sentence the district court imposed1
after he pled guilty to two counts of being a felon in possession of a firearm, in
The Honorable Howard F. Sachs, United States District Judge for the Western1
District of Missouri.

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violation of 18 U.S.C. §§ 922(g)(1) and 924(a)(2). His counsel has filed a brief under
Anders v. California, 386 U.S. 738 (1967), generally questioning the district court’s
sentencing decision, and seeking permission to withdraw. Muhammed has filed a
supplemental brief raising claims of ineffective assistance of counsel.
Upon careful review, we conclude that the district court’s sentencing decision
was proper. See United States v. Feemster, 572 F.3d 455, 460-61, 464 (8th Cir. 2009)
(en banc) (describing appellate review of sentencing decisions). Additionally, we
decline to consider Muhammed’s ineffective-assistance claims on direct appeal. See
United States v. Looking Cloud, 419 F.3d 781, 788-89 (8th Cir. 2005) (appellate court
generally will not consider ineffective-assistance claims on direct appeal).
Finally, having independently reviewed the record pursuant to Penson v. Ohio,
488 U.S. 75 (1988), we find no nonfrivolous issues. Accordingly, we affirm, and we
grant counsel leave to withdraw, subject to counsel informing Muhammed about
procedures for seeking rehearing or filing a petition for certiorari.
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