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United States v. Howley

United States Court of Appeals For the Eighth Circuit
Jul 23, 2019
No. 18-3386 (8th Cir. Jul. 23, 2019)

Opinion

No. 18-3386

07-23-2019

United States of America Plaintiff - Appellee v. James Patrick Howley Defendant - Appellant


Appeal from United States District Court for the District of Minnesota - Minneapolis [Unpublished] Before LOKEN, GRUENDER, and STRAS, Circuit Judges. PER CURIAM.

James Howley pleaded guilty to distributing child pornography, 18 U.S.C. § 2252(a)(2), (b)(1), and the district court imposed a below-Guidelines-range sentence of 210 months in prison. In an Anders brief, Howley's counsel suggests that the sentence is substantively unreasonable and requests permission to withdraw. See Anders v. California, 386 U.S. 738 (1967). In a pro se brief, Howley argues that his guilty plea was neither knowing nor voluntary, that the prosecutor engaged in misconduct, and that he received ineffective assistance of counsel.

The Honorable Patrick J. Schiltz, United States District Judge for the District of Minnesota.

We conclude that Howley's sentence is substantively reasonable. See United States v. Feemster, 572 F.3d 455, 461-62 (8th Cir. 2009) (en banc) (discussing appellate review of sentencing decisions); United States v. Black, 670 F.3d 877, 882 (8th Cir. 2012) ("[When] a district court has sentenced a defendant below the advisory guidelines range, it is nearly inconceivable that the district court abused its discretion in not varying downward still further." (citation omitted)). The record establishes that the district court sufficiently considered the statutory sentencing factors, 18 U.S.C. § 3553(a), and did not rely on an improper factor or commit a clear error of judgment. See United States v. Wohlman, 651 F.3d 878, 887 (8th Cir. 2011); Feemster, 572 F.3d at 461.

We further conclude that his plea was knowing and voluntary, see United States v. Andis, 333 F.3d 886, 890-91 (8th Cir. 2003) (en banc), and that there is no evidence of prosecutorial misconduct, see United States v. Hunter, 770 F.3d 740, 743 (8th Cir. 2014). On this record, we also decline to address Howley's ineffective-assistance-of-counsel claim. See United States v. Ramirez-Hernandez, 449 F.3d 824, 827 (8th Cir. 2006) (explaining that ineffective-assistance claims generally are not considered on direct appeal, unless the record has been fully developed, the failure to act would amount to a plain miscarriage of justice, or counsel's error is readily apparent).

Finally, we have independently reviewed the record and conclude that no other non-frivolous issues exist. See Penson v. Ohio, 488 U.S. 75 (1988). Accordingly, we affirm the judgment and grant counsel permission to withdraw.


Summaries of

United States v. Howley

United States Court of Appeals For the Eighth Circuit
Jul 23, 2019
No. 18-3386 (8th Cir. Jul. 23, 2019)
Case details for

United States v. Howley

Case Details

Full title:United States of America Plaintiff - Appellee v. James Patrick Howley…

Court:United States Court of Appeals For the Eighth Circuit

Date published: Jul 23, 2019

Citations

No. 18-3386 (8th Cir. Jul. 23, 2019)