DocketNumber: 22-2014
Filed Date: 1/12/2023
Status: Non-Precedential
Modified Date: 1/12/2023
United States Court of Appeals For the Eighth Circuit ___________________________ No. 22-2014 ___________________________ United States of America lllllllllllllllllllllPlaintiff - Appellee v. Aimee L. Rosenbaum lllllllllllllllllllllDefendant - Appellant ____________ Appeal from United States District Court for the Northern District of Iowa - Eastern ____________ Submitted: December 30, 2022 Filed: January 12, 2023 [Unpublished] ____________ Before COLLOTON, SHEPHERD, and STRAS, Circuit Judges. ____________ PER CURIAM. Aimee Rosenbaum appeals the sentence the district court1 imposed after she pleaded guilty to conversion and bankruptcy fraud pursuant to a plea agreement 1 The Honorable C.J. Williams, United States District Judge for the Northern District of Iowa. containing an appeal waiver. Her appellate counsel has moved to withdraw, and has filed a brief under Anders v. California,386 U.S. 738
(1967), arguing that prior counsel provided ineffective assistance during Rosenbaum’s post-plea proceedings. While the appeal waiver does not prohibit ineffective-assistance claims, we decline to consider such claims on direct appeal without an adequately developed record. See United States v. Ramirez-Hernandez,449 F.3d 824
, 827 (8th Cir. 2006); United States v. Hernandez,281 F.3d 746
, 749 (8th Cir. 2002). We have also independently reviewed the record under Penson v. Ohio,488 U.S. 75
(1988), and have found no non-frivolous issues for appeal falling outside the scope of the waiver. Accordingly, we affirm the judgment, and grant counsel’s motion to withdraw. ______________________________ -2-