United States of America v. Danny Louie, also known as Danny M. Louie, also known as Danny Louis, also known as…

United States Court of Appeals
For the Eighth Circuit
___________________________
No. 14-1726
___________________________
United States of America
lllllllllllllllllllll Plaintiff - Appellee
v.
Danny Louie, also known as Danny M. Louie, also known as Danny Louis, also
known as Dan Louie
lllllllllllllllllllll Defendant - Appellant
____________
Appeal from United States District Court
for the Western District of Missouri - Kansas City
____________
Submitted: September 3, 2014
Filed: September 26, 2014
[Unpublished]
____________
Before MURPHY, BOWMAN and BENTON, Circuit Judges.
____________
PER CURIAM.
Danny Louie directly appeals the sentence the district court 1 imposed after he
pled guilty to a drug charge. His counsel moved to withdraw, and filed a brief under
1The Honorable Howard F. Sachs, United States District Judge for the Western
District of Missouri.

-- 1 of 2 --

Anders v. California, 386 U.S. 738 (1967), arguing that Louie received ineffective
assistance of counsel and the government engaged in prosecutorial misconduct.
This court declines to consider Louie’s ineffective assistance claims on direct
appeal. See United States v. McAdory, 501 F.3d 868, 872-73 (8th Cir. 2007)
(ineffective-assistance claims are ordinarily deferred to 28 U.S.C. § 2255
proceedings). There is no merit to Louie’s prosecutorial misconduct claims. See
United States v. New, 491 F.3d 369, 377 (8th Cir. 2007) (to obtain reversal based on
prosecutorial misconduct, defendant must show prosecutor’s remarks or conduct were
improper). An independent review of the record under Penson v. Ohio, 488 U.S. 75
(1988), reveals no non-frivolous issues.
The judgment of the district court is affirmed, and counsel’s motion to
withdraw is granted, subject to counsel informing Louie about procedures for seeking
rehearing or filing a petition for certiorari.
______________________________
-2-

-- 2 of 2 --