United States v. Harlan Dale Berndt

Eighth Circuit

United States v. Harlan Dale Berndt

414 F. App'x 874

CourtCourt of Appeals for the Eighth Circuit

DecidedApril 4, 2011

Docket10-3185

StatusUnpublished

This text of 414 F. App'x 874 (United States v. Harlan Dale Berndt) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eighth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

United States v. Harlan Dale Berndt, 414 F. App'x 874 (8th Cir. 2011).

Pincite

Opinion

PER CURIAM.

Harlan Dale Berndt pleaded guilty to making false statements in connection with a crop insurance program, in violation of 18 U.S.C. § 1014. Choosing to vary below the advisory Guidelines imprisonment range of 8-14 months, the district court 1 sentenced Berndt to 5 years of probation and ordered him to pay $48,445 in restitution. Berndt appeals. His counsel has moved to withdraw and filed a brief under Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), suggesting that the sentence was unreasonable. Berndt has filed a pro se supplemental brief, essentially objecting to the amount of restitution and to counsel’s representation.

We conclude that the district court took into account all the relevant sentencing factors, committed no procedural error, and imposed a substantively reasonable sentence. See Gall v. United States, 552 U.S. 38, 51, 128 S.Ct. 586, 169 L.Ed.2d 445 (2007) (in reviewing sentence, appellate court first ensures that district court committed no significant procedural error, and then considers substantive reasonableness of sentence under abuse-of-discretion standard); United States v. Haack, 403 F.3d 997, 1004 (8th Cir.2005) (describing abuse of discretion). We find no clear error in the district court’s determination of restitution, United States v. United Sec. Sav. Bank, 394 F.3d 564, 567 (8th Cir.2004) (per curiam) (standard of review); Anderson v. City of Bessemer City, N.C., 470 U.S. 564, 573, 105 S.Ct. 1504, 84 L.Ed.2d 518 (1985) (describing clear-error standard); and we decline to consider any ineffective-assistance claim on direct appeal, see United States v. Cain, 134 F.3d 1345, 1352 (8th Cir.1998) (ineffective-assistance claim should be raised in 28 U.S.C. § 2255 motion).

Having reviewed the record under Penson v. Ohio, 488 U.S. 75, 109 S.Ct. 346, 102 L.Ed.2d 300 (1988), we find no nonfrivolous issues. Accordingly, we grant counsel’s motion to withdraw, and we affirm.

1

. The Honorable Richard H. Kyle, United States District Judge for the District of Minnesota.

Free access — add to your briefcase to read the full text and ask questions with AI

PER CURIAM.

Harlan Dale Berndt pleaded guilty to making false statements in connection with a crop insurance program, in violation of 18 U.S.C. § 1014. Choosing to vary below the advisory Guidelines imprisonment range of 8-14 months, the district court 1 sentenced Berndt to 5 years of probation and ordered him to pay $48,445 in restitution. Berndt appeals. His counsel has moved to withdraw and filed a brief under Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), suggesting that the sentence was unreasonable. Berndt has filed a pro se supplemental brief, essentially objecting to the amount of restitution and to counsel’s representation.

We conclude that the district court took into account all the relevant sentencing factors, committed no procedural error, and imposed a substantively reasonable sentence. See Gall v. United States, 552 U.S. 38, 51, 128 S.Ct. 586, 169 L.Ed.2d 445 (2007) (in reviewing sentence, appellate court first ensures that district court committed no significant procedural error, and then considers substantive reasonableness of sentence under abuse-of-discretion standard); United States v. Haack, 403 F.3d 997, 1004 (8th Cir.2005) (describing abuse of discretion). We find no clear error in the district court’s determination of restitution, United States v. United Sec. Sav. Bank, 394 F.3d 564, 567 (8th Cir.2004) (per curiam) (standard of review); Anderson v. City of Bessemer City, N.C., 470 U.S. 564, 573, 105 S.Ct. 1504, 84 L.Ed.2d 518 (1985) (describing clear-error standard); and we decline to consider any ineffective-assistance claim on direct appeal, see United States v. Cain, 134 F.3d 1345, 1352 (8th Cir.1998) (ineffective-assistance claim should be raised in 28 U.S.C. § 2255 motion).

Having reviewed the record under Penson v. Ohio, 488 U.S. 75, 109 S.Ct. 346, 102 L.Ed.2d 300 (1988), we find no nonfrivolous issues. Accordingly, we grant counsel’s motion to withdraw, and we affirm.

1

. The Honorable Richard H. Kyle, United States District Judge for the District of Minnesota.

Cite This Page — Counsel Stack

Bluebook (online)

414 F. App'x 874, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-harlan-dale-berndt-ca8-2011.

Opinion

Related

Cite This Page — Counsel Stack