United States Court of Appeals
For the Eighth Circuit
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No. 15-1035
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United States of America
lllllllllllllllllllll Plaintiff - Appellee
v.
Brett Charles Roach
lllllllllllllllllllll Defendant - Appellant
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Appeal from United States District Court
for the District of South Dakota - Aberdeen
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Submitted: September 22, 2015
Filed: September 25, 2015
[Unpublished]
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Before WOLLMAN, BYE, and GRUENDER, Circuit Judges.
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PER CURIAM.
Brett Roach directly appeals the judgment of the district court1 entered upon
a jury verdict finding him guilty of an assault charge, in violation of 18 U.S.C.
1
The Honorable Charles B. Kornmann, United States District Judge for the
District of South Dakota.
§§ 113(a)(6), 1153, and 3559(f). On appeal, in a brief filed under Anders v.
California, 386 U.S. 738 (1967), Roach’s counsel argues (1) that jurisdiction was
lacking because the alleged assault may not have taken place in Indian country, as
charged in the indictment, an argument that Roach repeats in his pro se supplemental
brief; (2) that the evidence was insufficient to establish the victim suffered a “serious
bodily injury” as charged in the indictment; and (3) that Roach received ineffective
assistance of counsel in several respects.
First, at trial Roach stipulated that the alleged offense occurred in Indian
country. Therefore, he waived any right to argue on appeal that jurisdiction was
lacking because the alleged offense did not occur in Indian country. See United
States v. Hawkins, 215 F.3d 858, 860 (8th Cir. 2000). Second, the testimony of the
medical professionals amply established that the victim suffered serious bodily injury.
See United States v. Iron Hawk, 612 F.3d 1031, 1036-37 (8th Cir. 2010). Third, we
do not consider the ineffective-assistance-of-counsel claims in this direct criminal
appeal, as such claims are best raised in possible proceedings under 28 U.S.C. § 2255,
where the record can be developed as necessary. See United States v. McAdory, 501
F.3d 868, 872-73 (8th Cir. 2007). Finally, having independently reviewed the record
pursuant to Penson v. Ohio, 488 U.S. 75, 80 (1988), we have found no nonfrivolous
issue. The judgment is affirmed, and counsel’s motion to withdraw is granted.
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