United States v. Francisco Sanchez-Valencia, No. 17-3216 (8th Cir. 2018)

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Court Description: Per Curiam - Before Loken, Kelly and Erickson, Circuit Judges] Criminal case - Sentencing. Anders case. Defendant's assertion that his guilty plea was not knowing and voluntary was not cognizable on direct appeal as he failed to move in the district court to withdraw the plea; claim of ineffective assistance of counsel would not be considered on direct appeal.
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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Court for the District of Nebraska - Lincoln ____________ Submitted: September 4, 2018 Filed: September 4, 2018 [Unpublished] ____________ Before LOKEN, KELLY, and ERICKSON, Circuit Judges.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. ______________________________ -2-