United States of America v. Kenneth Goff

United States Court of Appeals
For the Eighth Circuit
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No. 17-1469
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United States of America
lllllllllllllllllllll Plaintiff - Appellee
v.
Kenneth Goff
lllllllllllllllllllll Defendant - Appellant
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Appeal from United States District Court
for the Western District of Arkansas - Harrison
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Submitted: September 27, 2017
Filed: October 25, 2017
[Unpublished]
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Before LOKEN, MURPHY, and SHEPHERD, Circuit Judges.
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PER CURIAM.
Kenneth Goff directly appeals the sentence the district court imposed after he1
pleaded guilty to a drug charge. His counsel has moved for leave to withdraw, and
The Honorable P.K. Holmes, III, Chief Judge, United States District Court for1
the Western District of Arkansas.

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has filed a brief under Anders v. California, 386 U.S. 738 (1967), arguing that the
sentence is substantively unreasonable. Goff has filed a pro se brief, arguing that he
received ineffective assistance of counsel, and has also filed a motion for new
counsel.
As to the ineffective-assistance claim, we decline to consider it 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 conclude that the
district court did not impose a substantively unreasonable sentence. See United
States v. Feemster, 572 F.3d 455, 461 (8th Cir. 2009) (en banc) (discussing appellate
review of sentencing decisions). In addition, 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 grant counsel’s motion to withdraw, deny Goff’s
motion, and affirm the judgment.
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