United States v. Francisco Sanchez-Valencia
United States v. Francisco Sanchez-Valencia
Opinion
United States Court of Appeals For the Eighth Circuit ___________________________
No. 17-3216 ___________________________
United States of America
lllllllllllllllllllllPlaintiff - Appellee
v.
Francisco Sanchez-Valencia, also known as Paco
lllllllllllllllllllllDefendant - Appellant ____________
Appeal from United States District Court for the District of Nebraska - Lincoln ____________
Submitted: September 4, 2018 Filed: September 4, 2018 [Unpublished] ____________
Before LOKEN, KELLY, and ERICKSON, Circuit Judges. ____________
PER CURIAM.
Francisco Sanchez-Valencia directly appeals the Guidelines-range sentence the district court1 imposed after he pled guilty to participating in a drug conspiracy. His
1 The Honorable John M. Gerrard, United States District Judge for the District of Nebraska. appellate counsel has moved for leave 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), suggesting that-- as a result of plea counsel’s ineffective assistance--Valencia’s guilty plea was not knowing and voluntary and his sentence was unreasonable.
We first conclude that Valencia’s assertion that his guilty plea was unknowing or involuntary is not cognizable on direct appeal because he did not move in the district court to withdraw his guilty plea. See United States v. Foy, 617 F.3d 1029, 1033-34 (8th Cir. 2010). We further decline to consider any ineffective-assistance claim on direct appeal, as they are best litigated in collateral proceedings where the record can be properly developed. See United States v. Ramirez-Hernandez, 449 F.3d 824, 826-27 (8th Cir. 2006). Finally, having independently reviewed the record pursuant to Penson v. Ohio, 488 U.S. 75 (1988), we find no nonfrivolous issues for appeal. Accordingly, we grant counsel leave to withdraw, and we affirm. ______________________________
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Reference
- Status
- Unpublished