United States v. Francisco Rodriguez-Orozco
Opinion
After Francisco Rodriguez-Orozco pleaded guilty to drug and immigration offenses, the district court 1 varied downward from the applicable Guidelines range and sentenced him to a total of 70 months in prison and three years of supervised release. On appeal, his counsel has moved to withdraw and has filed a brief under Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), arguing *534 that the sentence is unreasonable because Rodriguez-Orozco should have received the same sentence as a codefendant. After careful review we conclude that the sentence is not unreasonable, see United States v. Feemster, 572 F.3d 455, 461 (8th Cir. 2009) (en banc); United States v. Watson, 480 F.3d 1175, 1177 (8th Cir. 2007); and having reviewed the record independently under Penson v. Ohio, 488 U.S. 75, 80, 109 S.Ct. 346, 102 L.Ed.2d 300 (1988), we also find no nonfrivolous issues for appeal. 2 Accordingly, we affirm, and we grant counsel’s motion to withdraw.
. In his pro se notice of appeal, Rodriguez-Orozco complains that counsel did not adequately represent him in this matter. However, generally we do not address claims of ineffective assistance of counsel in a direct criminal appeal. See United States v. McAdory, 501 F.3d 868, 872-73 (8th Cir. 2007).
. The Honorable Nanette K. Laughrey, United States District Judge for the Western District of Missouri.
Reference
- Full Case Name
- UNITED STATES of America, Appellee, v. Francisco RODRIGUEZ-OROZCO, Appellant
- Status
- Unpublished