United States of America v. Timothy G. Seales

United States Court of Appeals
For the Eighth Circuit
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No. 12-3885
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United States of America
lllllllllllllllllllll Plaintiff - Appellee
v.
Timothy G. Seales
lllllllllllllllllllll Defendant - Appellant
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Appeal from United States District Court
for the District of South Dakota - Rapid City
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Submitted: May 7, 2013
Filed: May 9, 2013
[Unpublished]
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Before LOKEN, MELLOY, and BENTON, Circuit Judges.
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PER CURIAM.
Timothy Seales pleaded guilty to failing to pay child support, in violation of
18 U.S.C. § 228(a)(3), and the district court imposed a sentence of three years of1
The Honorable Jeffrey L. Viken, Chief Judge, United States District Court for1
the District of South Dakota.

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unsupervised probation. This appeal followed, in which counsel moved to withdraw
and filed a brief under Anders v. California, 386 U.S. 738 (1967), arguing that the
court committed plain error at the change-of-plea hearing by failing to confirm
whether Seales understood that any statement he made under oath could be used in
a prosecution for perjury or false statement, as mandated by Federal Rule of Criminal
Procedure 11(b)(1)(A). The notice of appeal was untimely, and this frivolous issue
was not raised in the district court. By proceeding in this fashion, the Assistant
Federal Public Defender obligated our court to review the record under Penson v.
Ohio, 488 U.S. 75 (1988). Though a waste of our resources, we have done so and
find no nonfrivolous issues. Accordingly, we affirm the judgment of the district court
and decline to rule on counsel’s motion to withdraw.
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