United States v. Levi Anders ( 2022 )

United States Court of Appeals
For the Eighth Circuit
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No. 20-2866
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United States of America
lllllllllllllllllllllPlaintiff - Appellee
v.
Levi Anders
lllllllllllllllllllllDefendant - Appellant
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Appeal from United States District Court
for the Eastern District of Missouri - Cape Girardeau
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Submitted: February 4, 2022
Filed: February 25, 2022
[Unpublished]
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Before COLLOTON, BENTON, and STRAS, Circuit Judges.
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PER CURIAM.
A jury convicted Levi Anders of attempting to possess methamphetamine
with intent to distribute. See 21 U.S.C. §§ 841(a)(1), 841(b)(1)(C), 846. In an
Anders brief, Anders’s current counsel suggests his last attorney was ineffective.
See Anders v. California, 386 U.S. 738 (1967). A pro se brief claims that the
Controlled Substances Act—the statute Anders violated—is not a valid exercise of
Congress’s power under the Commerce Clause. See U.S. Const. art. I, § 8, cl. 3;
United States v. Morrison, 529 U.S. 598, 616–17 (2000). We affirm.
Anders’s Commerce Clause challenge is foreclosed by precedent. See
Gonzales v. Raich, 545 U.S. 1, 9 (2005) (holding that the Controlled Substances Act
“is a valid exercise of federal power” under the Commerce Clause); see also United
States v. Davis, 288 F.3d 359, 361–62 (8th Cir. 2002) (“[T]he Controlled Substances
Act is a valid exercise of Congressional power under the [C]ommerce [C]lause.”).
And his ineffective-assistance-of-counsel claim will have to await collateral review.
See United States v. Ramirez-Hernandez, 449 F.3d 824, 826–27 (8th Cir. 2006)
(explaining that this type of claim is “usually best litigated in collateral
proceedings”).
Finally, we have independently reviewed the record and conclude that no
other non-frivolous issues exist. See Penson v. Ohio, 488 U.S. 75, 82–83 (1988).
We accordingly affirm the judgment of the district court 1 and grant counsel
permission to withdraw.
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1
The Honorable Stephen N. Limbaugh, Jr., United States District Judge for
the Eastern District of Missouri.
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