Filed: Sep. 04, 2018
Latest Update: Mar. 03, 2020
Summary: 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States District Court for the District of Nebraska - Lincoln _ Submitted: September 4, 2018 Filed: September 4, 2018 [Unpublished] _ Before LOKEN, KELLY, and ERICKSON, Circuit Judges.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 Gui
Summary: 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States District Court for the District of Nebraska - Lincoln _ Submitted: September 4, 2018 Filed: September 4, 2018 [Unpublished] _ Before LOKEN, KELLY, and ERICKSON, Circuit Judges.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 Guid..
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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[Unpublished]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.
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