United States v. Scott Donald Wiele

1The Honorable E. Richard Webber, United States District Judge for the Eastern
District of Missouri.
United States Court of Appeals
FOR THE EIGHTH CIRCUIT
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No. 06-2738
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United States of America, *
*
Appellee, *
* Appeal from the United States
v. * District Court for the
* Eastern District of Missouri.
Demond Bernard McDaniels, *
* [UNPUBLISHED]
Appellant. *
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Submitted: September 28, 2007
Filed: October 4, 2007
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Before MURPHY, SMITH, and SHEPHERD, Circuit Judges.
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PER CURIAM.
Demond Bernard McDaniels appeals the 120-month prison sentence that the
district court 1 imposed after he pleaded guilty to possessing with intent to distribute
more than 50 grams of cocaine base, in violation of 21 U.S.C. § 841(a)(1),
(b)(1)(A)(iii). On appeal, McDaniels has filed a motion for appointment of counsel;
his counsel has filed a brief pursuant to Anders v. California, 386 U.S. 738 (1967), in
which she seeks leave to withdraw.

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After reviewing the record independently under Penson v. Ohio, 488 U.S. 75
(1988), and finding no non-frivolous issues, we affirm the judgment of the district
court and grant counsel’s motion to withdraw on condition that counsel inform
appellant about the procedures for filing petitions for rehearing and for certiorari. We
also deny McDaniels’s motion for appointment of counsel.
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