United States v. Quiver

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The Eighth Circuit affirmed defendant's conviction and sentence for being an accessory to a second degree murder. The court declined to consider defendant's ineffective assistance of counsel claim on direct appeal where the issue was never raised before the district court and the record was not fully developed; there was no basis for the court to conclude that trial counsel's ineffectiveness was readily apparent or obviously deficient; and defendant failed to show a plain miscarriage of justice.The court also held that the district court did not commit procedural error where the district court's explanation of the sentence was sufficient. Furthermore, any procedural error by imposing an upward departure was harmless because the district court justified the sentence by referencing both the grounds and the relevant section 18 U.S.C. 3553(a) factors. Finally, the district court did not abuse its discretion and did not impose a substantively unreasonable sentence. View "United States v. Quiver" on Justia Law