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United States v. Jorge Perez, 00-1449 (2000)

Court: Court of Appeals for the Eighth Circuit Number: 00-1449 Visitors: 27
Filed: Dec. 11, 2000
Latest Update: Mar. 02, 2020
Summary: United States Court of Appeals FOR THE EIGHTH CIRCUIT _ No. 00-1449 _ United States of America, * * Appellee, * * Appeal from the United States v. * District Court for the Southern * District of Iowa. Jorge Perez, * * [UNPUBLISHED] Appellant. * _ Submitted: December 5, 2000 Filed: December 11, 2000 _ Before McMILLIAN, BOWMAN, and MORRIS SHEPPARD ARNOLD, Circuit Judges. _ PER CURIAM. Jorge Perez appeals following the district court’s1 imposition of sentence upon his guilty plea to a drug offense.
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                      United States Court of Appeals
                            FOR THE EIGHTH CIRCUIT
                                    ___________

                                    No. 00-1449
                                    ___________

United States of America,                *
                                         *
               Appellee,                 *
                                         * Appeal from the United States
      v.                                 * District Court for the Southern
                                         * District of Iowa.
Jorge Perez,                             *
                                         *          [UNPUBLISHED]
               Appellant.                *
                                    ___________

                            Submitted: December 5, 2000

                                Filed: December 11, 2000
                                    ___________

Before McMILLIAN, BOWMAN, and MORRIS SHEPPARD ARNOLD, Circuit
      Judges.
                         ___________

PER CURIAM.

       Jorge Perez appeals following the district court’s1 imposition of sentence upon
his guilty plea to a drug offense. His counsel has filed a brief and moved to withdraw
pursuant to Anders v. California, 
386 U.S. 738
(1967). Mr. Perez has filed a pro se
supplemental brief, in which he raises the issue whether his counsel was ineffective for
failing to bring to the court’s attention, as a basis for a downward departure,

      1
        The Honorable Harold D. Vietor, United States District Judge for the Southern
District of Iowa.
Mr. Perez’s plea-agreement stipulation to deportation. If Mr. Perez wishes to pursue
a claim of ineffective assistance of counsel based on his dissatisfaction with counsel’s
performance, however, he should do so in a 28 U.S.C. § 2255 proceeding. See United
States v. Guzman-Landeros, 
207 F.3d 1034
, 1035 (8th Cir. 2000) (per curiam). Having
reviewed the Anders brief and the record, we find no nonfrivolous issues for appeal.
See Penson v. Ohio, 
488 U.S. 75
, 80 (1988); 
Anders, 386 U.S. at 744
.

      Accordingly, we affirm and grant counsel’s motion to withdraw.

      A true copy.

             Attest:

                     CLERK, U.S. COURT OF APPEALS, EIGHTH CIRCUIT.




                                          -2-

Source:  CourtListener

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